Privacy · Recording Consent
Is It Legal to Record a Call in Utah?
Whether you can record a conversation in Utah, 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 Utah
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 |
|---|---|
| One party’s consent is enough | A person not acting under color of law may intercept a communication if that person is a party or one party has given prior consent. Your own consent counts, so you may record a conversation you are part of. |
| Purpose can defeat the exception | The civilian exception fails if the communication is intercepted for the purpose of committing any criminal or tortious act in violation of state or federal law. Even a participant loses the defense in that case. |
| Phone, in-person, and electronic are covered | The Interception of Communications Act reaches wire (phone), oral (in-person), and electronic communications. In-person audio is protected only where the speaker had a justified expectation of non-interception. |
| Police and civilians follow different tracks | Utah splits its consent exception in two. Section 77-23a-4(7)(a) covers a person acting under color of law with no criminal-or-tortious proviso, while §77-23a-4(7)(b) covers everyone else and carries that trap. |
| When it is different | What it means |
|---|---|
| Being a party or having prior consent | A participant, or anyone with one party’s prior consent, may record under §77-23a-4(7)(b), so long as the purpose is not criminal or tortious. |
| Court orders, providers, and public communications | Court-authorized law enforcement interception, provider and carrier ordinary-course activity, and electronic communications readily accessible to the general public all fall outside the ban. |
| Satellite and hobby radio have their own gentle tier | Privately viewing an unscrambled satellite feed or listening to certain unencrypted radio bands is punished on a far lighter scale, a class A or B misdemeanor rather than a felony, under §77-23a-4(10). |
What you can do right now
Concrete, neutral steps before you record a conversation in Utah. This is legal information, not legal advice.
- Record your own conversations, but mind your purpose
As a participant you may record under §77-23a-4(7)(b). The exception disappears if the recording is made to commit a crime or a tort, so a lawful reason matters.
- Do not confuse the satellite band with the real figure
An ordinary illegal recording is worth $100 a day or $10,000, whichever is greater. The gentle $50 to $500 band is a narrow satellite-and-radio provision, not the general rule.
- Get consent on cross-state calls
If the other participant is in an all-party state, follow the stricter rule. Asking everyone first removes the exposure.
- Talk to a Utah attorney if you are accused
A third degree felony is serious. A licensed Utah attorney can assess the criminal-or-tortious-purpose question, and the Utah Attorney General’s Office can point you to resources.
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.
→ Utah Attorney GeneralThis 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 Utah
Utah is a one-party consent state, so if you are part of a call or conversation you may record it, under Utah Code Ann. §77-23a-4(7)(b). The chapter is literally titled the Interception of Communications Act and it sits in the Code of Criminal Procedure, Title 77, rather than the criminal code, which is why a search of the Utah Criminal Code for "wiretap" comes up empty. Utah also carries a 1980s-era satellite-and-scanner tier that trips up readers. Privately watching an unscrambled satellite feed or listening to certain unencrypted radio bands is punished on a completely separate and far gentler scale, a class A or B misdemeanor with $50 to $500 statutory damages, rather than the felony and $10,000 exposure that a recorded phone call carries. That gentle band is frequently misreported as Utah’s general damages rule, but the operative figure for an ordinary illegal recording is $100 a day or $10,000, whichever is greater. Utah splits its consent exception into a police track and a civilian track, and only the civilian one carries the criminal-or-tortious-purpose trap, so even a participant loses the defense if the recording serves an unlawful end. The safe posture is to record your own conversations for lawful reasons, remember the real damages figure, and get consent whenever a call crosses into a stricter state.
Common questions
Can I record a phone call in Utah without telling the other person?
Yes. Utah is a one-party consent state under §77-23a-4(7)(b), so your own consent as a participant is enough, as long as you are not recording to commit a crime or a tort.
How much is an illegal-recording claim worth in Utah?
The greater of $100 a day or $10,000, plus punitive damages and attorney fees. The much-quoted $50 to $500 band applies only to satellite and hobby-radio interception.
Why do police get a different consent rule than I do in Utah?
The statute splits the exception. Section 77-23a-4(7)(a) covers officers acting under color of law with no criminal-or-tortious proviso, while §77-23a-4(7)(b) covers civilians and carries that trap.
Does Utah’s rule cover text messages and email?
Yes. Electronic communication is inside the definition, so texts and email are covered along with phone and in-person conversations.
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.