Is it legal to record a conversation in Arizona?

What the law says

Arizona allows recording with one person’s consent. Section 13-3005(A) of the Arizona Revised Statutes makes some interceptions a class 5 felony. One is intercepting a call or message you are not a party to, when neither the sender nor the receiver consented. The section also covers a person who:

“Intentionally intercepts a conversation or discussion at which he is not present”

when no party to the conversation consented, under the same section 13-3005(A) of the Arizona Revised Statutes.

The consent rule in full. Section 13-3012 of the Arizona Revised Statutes lists what the chapter does not apply to. Paragraph 9 of that list exempts:

“The interception of any wire, electronic or oral communication by any person, if the interception is effected with the consent of a party to the communication or a person who is present during the communication”

So being present counts. Under section 13-3012 of the Arizona Revised Statutes, consent can come from a party or from a person present. Someone in the room can record the talk.

What “intercept” means. Under section 13-3001 of the Arizona Revised Statutes, to intercept is to acquire the contents of a wire, electronic or oral communication through any electronic, mechanical or other device. A recording device does exactly that.

Which conversations are protected. Under section 13-3001 of the Arizona Revised Statutes, an oral communication is spoken by someone who expects privacy. The setting must justify that expectation. Talk where no one could expect privacy falls outside it.

Calls and messages too. Section 13-3001 of the Arizona Revised Statutes covers wire communications, carried by wire or cable through a provider. It also covers electronic ones: writing, images, sounds and data sent by wire, radio or similar systems.

What a class 5 felony can mean. For a first felony offense, section 13-702(D) of the Arizona Revised Statutes sets a presumptive prison term of 1.5 years for a class 5 felony. The range runs from 0.5 years, mitigated, to 2.5 years, aggravated. A class 4 felony’s presumptive term is 2.5 years, and a class 6 felony’s is 1 year. Whether probation is possible instead is set by other sections, not read here.

What changes the answer

Video in private places. Section 13-3019 of the Arizona Revised Statutes is a separate law. It bars secretly filming or photographing someone without consent in a private place, such as a bathroom, locker room or bedroom. It applies while the person is undressing, nude or in sexual activity. It also covers images of body parts not otherwise visible to the public.

Sharing such images. Under section 13-3019(B) of the Arizona Revised Statutes, it is also unlawful to share or publish an image made in breach of that section without the consent or knowledge of the person shown. Under section 13-3019(F), sharing is a class 4 felony if the person is recognizable.

The penalty for video. Under section 13-3019(D) of the Arizona Revised Statutes, a breach is a class 5 felony. Without a device, a first breach is a class 6 felony under section 13-3019(E).

Security cameras. Under section 13-3019(C) of the Arizona Revised Statutes, the video law does not apply to recording for security when notice of the cameras is clearly posted, among other exceptions.

Recording at work. The same tests in section 13-3005 of the Arizona Revised Statutes apply at work. Are you a party to the call? Are you present at the talk? Or does someone who is consent? A workplace’s own rules on recording were not read here.

Jury rooms. Section 13-3005(A) of the Arizona Revised Statutes also makes it a class 5 felony to intercept a jury’s deliberations, with no consent exception in that paragraph.