Arkansas Recording Laws: Consent Rules and Penalties

Quick Answer

Arkansas is a one-party consent state. You can legally record any conversation you participate in without informing other parties. In public places where there is no reasonable expectation of privacy, you generally do not need anyone's consent at all.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	Ark. Code 5-60-120
Maximum Fine	$2,500
Maximum Jail Time	1 year (Class A misdemeanor)

Our recommended Digital Voice Recorder.

Understanding Arkansas Recording Laws

The Legal Foundation

Arkansas recording laws are found in Title 5, Subtitle 6, Chapter 60 of the Arkansas Code. The key statute is Ark. Code 5-60-120, which governs the interception and recording of communications.

Under this statute, it is unlawful to intercept, record, or possess a recording of any wire, landline, oral, telephonic, or wireless communication. The exception is clear: the recording is lawful if you are a party to the communication or if one party has given prior consent.

The statute also includes an exception for persons acting under color of law, such as law enforcement officers carrying out official duties. It further exempts FCC-licensed amateur radio operators and police scanner users who intercept communications for personal use.

One-Party Consent Explained

In a one-party consent state like Arkansas, only one person in the conversation needs to know about and agree to the recording. That person can be you. You do not need to announce "this call is being recorded" or ask anyone else for permission.

This differs from all-party consent states like California and Florida, which require every participant in the conversation to agree before recording begins.

The Public Space Exception

Arkansas law recognizes that people have no reasonable expectation of privacy in public spaces. This means you can generally record in areas like streets, parks, sidewalks, and other public venues without obtaining consent from anyone.

Recording Phone Calls in Arkansas

Can You Record Phone Calls in Arkansas?

Yes. Under Ark. Code 5-60-120, you can record any phone call you participate in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls with audio

Recording Calls Across State Lines

If you are in Arkansas calling someone in an all-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you regularly record calls with people in other states, inform them or get all-party consent to avoid potential legal exposure.

Business Call Recording in Arkansas

Arkansas businesses can record calls for quality assurance, training, or compliance purposes. Common methods for obtaining consent include:

• A recorded announcement at the start of the call ("This call may be recorded for quality assurance...")
• Verbal consent before the conversation begins
• A periodic beep tone during the call
• Written consent as part of a service agreement

Even though Arkansas law only requires one-party consent, many businesses choose to inform callers as a matter of professional practice and to comply with federal regulations.

Recording In-Person Conversations

When Recording Is Legal

You can record in-person conversations in Arkansas when:

• You are participating in the conversation
• You are in a public place where there is no reasonable expectation of privacy
• At least one party has consented to the recording (which can be yourself)

When Recording Is Illegal

It is illegal to record conversations in Arkansas when:

• You are not a party to the conversation and have no consent from any participant
• You are recording in a private place without being present or without consent
• You are recording with criminal intent, such as for the purpose of committing another crime

Recording in Your Own Home

You can record conversations in your own home if you are participating in them. However, you cannot:

• Plant a hidden recording device and leave the room to capture conversations between others
• Record guests in areas where they have a reasonable expectation of privacy (bathrooms, guest bedrooms)
• Record intimate activities without the other person's consent

Arkansas Video Recording Laws

Public Spaces

Arkansas has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests, demonstrations, and events

Private Property and Video Voyeurism

On private property, the property owner controls whether recording is permitted. Arkansas also imposes serious criminal penalties for video voyeurism under Ark. Code 5-16-101.

Under Section 5-16-101(a), it is unlawful to use any camera, videotape, or image recording device to secretly observe, photograph, film, or videotape a person in a private area where they have a reasonable expectation of privacy and have not consented. This is a Class D felony for a first or second offense (punishable by up to 6 years in prison) and a Class C felony for a third or subsequent offense (3 to 10 years).

Under Section 5-16-101(b), it is unlawful to use concealed equipment to secretly record another person's body for which they have a reasonable expectation of privacy, without their knowledge or consent. This is a Class B misdemeanor (up to 90 days in jail).

If you record someone's likeness for business purposes, you should obtain proper consent by having them complete a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

Arkansas employers can generally record in common work areas where employees do not have a reasonable expectation of privacy. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Doing so could violate Ark. Code 5-16-101 (video voyeurism) and expose the employer to criminal liability.

Can You Record Your Employer?

Yes. As a one-party consent state, Arkansas law permits you to record conversations with your boss, HR representatives, coworkers, or anyone else at work, provided you are part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in workplace disputes
• Preserving important verbal instructions or agreements

Important note: Your employer may have internal policies that prohibit recording. While recording is legal under Arkansas law, violating a company policy could result in disciplinary action or termination. Review your employee handbook before recording in the workplace.

Recording Police and Government Officials

Can You Record Police Officers in Arkansas?

Yes. Multiple federal courts of appeal have recognized a First Amendment right to record law enforcement officers performing their duties in public. The ACLU of Arkansas confirms that individuals have the right to observe and record police activity.

When recording police in Arkansas, keep the following in mind:

• Do not interfere with police operations or obstruct officers performing their duties
• Do not trespass on private property to obtain a recording angle
• Follow lawful orders to step back, within reason
• Maintain a safe distance that does not impede the officers' work
• You may livestream encounters in real time

Recording Government Meetings

The Arkansas Freedom of Information Act (Ark. Code 25-19-106) requires that public meetings be open to the public. Act 310 of 2021 amended the FOIA to expressly permit "copying through image capture, including still and moving photography and video and digital recording."

You can record the following types of public meetings in Arkansas:

• City council meetings
• School board meetings
• Quorum court meetings
• County government meetings
• Public hearings
• Meetings of any board, bureau, commission, or organization supported by public funds

Public entities must maintain a recording of each open public meeting for a minimum of one year from the date of the meeting.

2025 Legislative Update: Tracking Device Law

In 2025, Arkansas enacted Act 600 (formerly HB1641), which amends the state's harassment statute (Ark. Code 5-71-208) to explicitly criminalize the non-consensual use of a tracking device to determine a person's location or movement.

A "tracking device" is defined as an electronic device that can reveal the location or movement of a person or object through electronic signals. The law includes a parental exception: parents and legal guardians may use tracking devices to monitor their minor children without facing criminal liability.

While this law addresses tracking rather than audio or video recording, it reflects Arkansas's growing legislative attention to electronic surveillance and privacy concerns.

Specific Situations

Can I Record My Landlord in Arkansas?

Yes, if you are part of the conversation. Recording interactions with your landlord can help document:

• Verbal agreements about repairs or maintenance
• Harassment or illegal entry into your rental unit
• Disputes about lease terms or security deposits
• Evidence for tenant rights cases

Can I Record My Doctor in Arkansas?

Yes, you can record medical appointments you attend. This can help with:

• Remembering complex medical instructions or medication regimens
• Documenting informed consent discussions
• Keeping a record of diagnoses and treatment plans
• Sharing information with family caregivers

Note that while recording is legal under Arkansas's one-party consent law, some medical facilities may have their own policies about recording. It is courteous to inform your provider, though not legally required.

Can I Record CPS Workers?

Yes. Child Protective Services workers are government employees, and you can record your interactions with them as long as you are a participant in the conversation. Recordings of CPS visits can serve as important documentation in child welfare proceedings.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you are part of. This is common in custody disputes. However:

• Do not record your children's private conversations when you are not present
• Do not use children to secretly record the other parent
• Consider how recordings may be perceived by family court judges
• Consult a family law attorney about how recordings may affect your case

Can I Use a Dashcam in Arkansas?

Yes. Dashcams are legal in Arkansas. There are no specific state laws restricting their use, but you should:

• Mount the camera so it does not obstruct your view of the road
• Be aware that audio recording inside the vehicle follows one-party consent rules
• Check if your auto insurance provider offers dashcam discounts

Using Recordings as Evidence in Arkansas

Are Recordings Admissible in Court?

Recordings made legally under Arkansas's one-party consent law are generally admissible as evidence in Arkansas courts. However, the court will evaluate several factors:

• Authentication: Can you demonstrate that the recording is genuine and has not been altered or tampered with?
• Relevance: Does the recording relate to a matter at issue in the case?
• Hearsay rules: Certain statements captured in a recording may be excluded under hearsay exceptions, depending on how and why they are offered
• Probative vs. prejudicial value: The court will weigh whether the recording's evidentiary value outweighs any risk of unfair prejudice to the opposing party

Criminal Cases vs. Civil Cases

• Criminal cases: Recordings obtained in violation of Ark. Code 5-60-120 are typically inadmissible. The person who made the illegal recording may also face criminal charges.
• Civil cases: Courts may apply more flexible rules, but illegally obtained recordings can still be excluded. Judges have discretion to weigh the circumstances.

Penalties for Illegal Recording in Arkansas

Criminal Penalties Under Ark. Code 5-60-120

Illegal interception or recording of communications is a Class A misdemeanor under Arkansas law. Sentencing guidelines are set by Ark. Code 5-4-401 (imprisonment) and Ark. Code 5-4-201 (fines):

Penalty	Maximum
Jail time	Up to 1 year
Fine	Up to $2,500

Video Voyeurism Penalties Under Ark. Code 5-16-101

Video voyeurism carries significantly harsher penalties than standard illegal recording:

Offense	Classification	Maximum Penalty
5-16-101(a), 1st or 2nd offense	Class D felony	Up to 6 years in prison
5-16-101(a), 3rd+ offense	Class C felony	3 to 10 years in prison
5-16-101(b)	Class B misdemeanor	Up to 90 days in jail

Civil Liability

Victims of illegal recording may also pursue civil remedies, including:

• Invasion of privacy claims
• Intentional infliction of emotional distress
• Statutory damages under federal wiretapping laws (18 U.S.C. 2520)
• Punitive damages in egregious cases

Federal Wiretapping Law

In addition to Arkansas state law, the federal Wiretap Act (18 U.S.C. 2511) also prohibits the unauthorized interception of communications. Federal violations can result in up to 5 years in prison and civil liability. Both state and federal law may apply to the same conduct.

More Arkansas Laws

• Arkansas Lemon Laws
• Arkansas Car Seat Laws
• Arkansas Dog Bite Laws
• Arkansas Hit and Run Laws
• Arkansas Sexting Laws
• Arkansas Child Support Laws
• Arkansas Whistleblower Laws
• Arkansas Statute of Limitations