Alaska Call Recording Law

Below is a section of the Alaska State Statutes that we believe apply to recording phone conversations. This information is not intended as a substitute for legal counsel.

From the Alaska State Code

Alaska Stat. § 42.20.310: It is illegal in Alaska to use an eavesdropping device to hear or record a conversation without the consent of at least one party to that conversation, or to disclose or publish information that one knows, or should know, was illegally obtained. A person who is not a party to a private conversation who receives information from that conversation cannot legally divulge or publish the information. Alaska Stat. § 42.20.300.

The state’s highest court has held that the eavesdropping statute clearly was intended to prohibit third-party interception of communications and is not applicable to a participant in a conversation. Palmer v. Alaska, 604 P.2d 1106 (Alaska 1979). Any violation of the eavesdropping laws is a misdemeanor subject to a fine of up to $1,000 and/or one year in jail, and suppression of the contents in court is the only civil penalty authorized. Alaska Stat. § 42.20.330.

The state hidden camera statute applies only to images that include nudity. A person who views or produces a picture of a nude or partially nude person without consent commits the crime of "indecent viewing or photography." Alaska Stat. § 11.61.123.

Important Notice

It is always best to talk with an attorney if you have questions about the legal implications of recording calls in your state. We hope this information will serve as a general guide, and is not intended to substitute for expert legal counsel.

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