Privacy · Recording Consent
Is It Legal to Record a Call in Texas?
Whether you can record a conversation in Texas, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Texas
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| A participant may record | It is not a crime under §16.02 to record a wire, oral, or electronic communication if you are a party to it, or if one party has given prior consent. |
| Phone and in-person both covered | The rule applies to wire, oral, and electronic communications alike. |
| No one else’s permission needed | As a participant you may record without notifying or getting permission from the others. |
| When it is different | What it means |
|---|---|
| Criminal or tortious purpose | The one-party exemption is lost if the recording is made to further a crime or a tort. Recording to blackmail or harass someone is still illegal. |
| Recording a conversation you are not in | Intercepting a communication you are not a party to, without any party’s consent, is a second-degree felony. |
| Silent video | The statute targets audio interception. Silent video is treated under different rules. |
What you can do right now
Concrete, neutral steps before you record a conversation in Texas. This is legal information, not legal advice.
- You may record a conversation you are in
As a participant in a Texas conversation, you can record it without telling the others. That is the one-party rule in practice.
- Do not record for an unlawful purpose
The protection disappears if you record to further a crime or a tort, such as blackmail or harassment. Keep the purpose lawful.
- Never record a conversation you are not part of
Secretly intercepting others’ conversation, without any party’s consent, is a second-degree felony and exposes you to at least $10,000 in civil damages.
- Get consent on interstate calls
If the other person is in an all-party state, that stricter rule may apply. When a call crosses state lines, ask everyone before recording.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ State Bar of Texas — Lawyer ReferralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Texas
Texas is a one-party consent state, which means you can record a conversation you are part of without anyone else’s permission. Penal Code §16.02 makes recording lawful when you are a party to the communication, or when one party has consented, and it covers phone and in-person conversations alike. Two limits matter. First, purpose: the one-party protection is lost if you record to further a crime or a tort, so a recording made to blackmail or harass is still illegal. Second, participation: secretly intercepting a conversation you are not in, with no one’s consent, is a second-degree felony and carries civil liability of at least $10,000 per occurrence. The trap on interstate calls is that Texas’s permissive rule does not travel. If the person on the other end is in an all-party state like California or Florida, that stricter rule can control, so the safe move when a call crosses state lines is to get everyone’s consent.
Common questions
Is it legal to record a phone call in Texas?
Yes, if you are part of the conversation. Texas is a one-party state under Penal Code §16.02, so a participant, or someone with one party’s consent, may record without telling the others.
Can I secretly record a conversation in Texas?
If you are a participant, yes, as long as the purpose is lawful. But recording a conversation you are not part of, with no one’s consent, is a second-degree felony.
What is the penalty for illegal recording in Texas?
Unlawful interception is a second-degree felony, and the victim can sue for at least $10,000 per occurrence plus punitive damages and fees. Recording for a criminal or tortious purpose loses the one-party protection.
Can I record a call with someone in California from Texas?
Be careful. California is an all-party state, and a cross-border call can pull in that stricter rule. The safest course on interstate calls is to get consent from everyone before recording.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.