Utah Call Recording Law

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

From the Utah State Code

Utah Code Ann. § 77-23a-4: An individual legally can record or disclose the contents of any wire, oral or electronic communication to which he is a party, or when at least one participant has consented to the recording, unless the person has a criminal or tortious purpose in making the recording.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Utah Code Ann. § 77-23a-3.

Unlawful interception of communications, including disclosure of the contents of a communication with reason to know of the illegal origin, is a felony — except that when the communication consists of the radio portion of a cellular telephone call, it is a misdemeanor. Civil liability for unlawful interception can include the greater of actual damages, mandatory damages ranging from $50 to $1,000 depending on whether it is a first or subsequent offense, $100 per day of violation or $10,000. Utah Code Ann. § 77-23a-11 (1999).

Installing a hidden camera or audio recorder to tape a person in a "private place" without consent is a misdemeanor. Utah Code Ann. § 76-9-402. A "private place" is a place where one may reasonably expect to be safe from intrusion or surveillance. Utah Code Ann. § 76-9-401.

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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