Can You Legally Record Someone Without Their Consent in Arizona?

I had a friend* some years back who had a problem boyfriend. Their relationship had been rocky for some time, but when she finally decided to call it quits, he didn't take the news well.

He began harassing her in several ways. He'd text-dump long, pleading, apologetic - then threatening - diatribes. He started out begging her to come back to him. When that didn't work, he'd start hurling venom-laced accusations.

He would call her repeatedly. After dozens of calls, she'd relent and answer. Then, the conversations would quickly turn into ugly threats and demeaning language.

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Then there were the times he would show up out of the blue at her home or her job. She worked in retail. As he saw it, he had a right to be in her space - or so he thought until the manager kicked him off the property with the full support of the local police.

My friend feared for her safety. As tensions with her ex ramped up, she began recording their telephone conversations and secretly recorded video whenever he appeared in person.

She began to wonder, is it legal to record someone without their consent in Arizona?

Is It Legal to Record Someone Without Consent in Arizona?

Before we go too far, I want to let you know my friend is okay. It turns out her former boyfriend landed himself in jail for an unrelated crime. She's now happily married, has two kids, and lives in a Phoenix suburb.

So, was it legal for her to record their interactions without his consent?

In Arizona, it's generally illegal to secretly record someone without consent, both for audio and video recordings.

READ: Can You Legally Sleep in Your Vehicle in Arizona?

Our state follows a "one-party consent" rule. That means as long as one person involved in the conversation gives consent for the recording, it's legal.

There's a catch. You're violating the law if you're not part of the conversation being recorded and you don't consent from any of the people being recorded. You need to obtain consent from at least one person involved.

Is Recording in Public Places Legal in Arizona?

There are some exceptions, though.

If you're in public, there's no reasonable expectation of privacy, particularly in places like streets or parks. You're also legally allowed to record law enforcement, and they can record you for security reasons during the course of an investigation or a traffic stop.

READ: Is It Legal To Film Police in Arizona?

There are exceptions to the exceptions, though. Recording in places like bathrooms or locker rooms is off-limits, and you could land in serious legal trouble. Violating these rules can result in felony charges.

Since my friend was in the recordings she made and SHE consented, what she was doing was legal.

Thankfully, she never needed the recordings as evidence, but her consent was all she needed to keep them legal.

Sources: AZLeg.gov: ARS 13-1309 | RecordingLaw.com | Orent Criminal Law

*Some details have been changed or merged to protect the innocent.