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California Audio Recording Laws: Two-Party Consent Rules and Penalties (2026)

Independently fact-checked against primary sources (last audited August 22, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 22, 2026. · 9 primary sources cited on this page. How we verify our legal content

California Audio Recording Laws: Two-Party Consent Rules and Penalties (2026)

Frequently Asked Questions

Is California a one-party or two-party consent state for audio recording?

California is a two-party (all-party) consent state. Under Penal Code 632, recording any confidential communication requires the consent of every person involved in the conversation. This applies to both in-person conversations and telephone calls. The term two-party consent is somewhat misleading because if three or more people are part of the conversation, all of them need to consent.

Can I record a phone call in California without telling the other person?

No. California law prohibits recording phone calls without the consent of all parties. Penal Code 632 covers confidential phone conversations, and Penal Code 632.7 separately prohibits recording any cell phone or cordless phone conversation without consent, regardless of whether the call is confidential. The only exception is when recording to gather evidence of specific serious crimes under Penal Code 633.5.

What happens if I secretly record a conversation in California?

Secretly recording a confidential conversation in California is a wobbler offense. As a misdemeanor, it carries up to one year in county jail and a $2,500 fine. As a felony, it can result in 16 months to three years in state prison plus a $2,500 fine. The person who was recorded can also file a civil lawsuit and recover $5,000 per violation or three times their actual damages, whichever is greater.

Does California law apply if I record a call from another state?

Yes, in most circumstances. The California Supreme Court ruled in Kearney v. Salomon Smith Barney (2006) that California's two-party consent law applies to recordings of phone conversations involving California residents, even when the person doing the recording is located in a one-party consent state. Anyone recording a call with a California resident should obtain consent from all parties.

Can I record someone committing a crime in California without their consent?

Under certain conditions, yes. Penal Code 633.5 allows one party to a conversation to record without the other party's consent when the recording is made to gather evidence of extortion, kidnapping, bribery, felonies involving violence (including human trafficking), harassing phone calls, or domestic violence. The recorder needs a reasonable, good-faith belief that the other party is committing one of these specific crimes.

Updates

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. California Penal Code Section 632 - Eavesdropping on Confidential Communications(leginfo.legislature.ca.gov).gov
  2. California Penal Code Section 632.7 - Recording Cellular and Cordless Phone Communications(leginfo.legislature.ca.gov).gov
  3. California Penal Code Section 633.5 - Crime-Evidence Recording Exception(leginfo.legislature.ca.gov).gov
  4. California Penal Code Section 637.2 - Civil Remedies for Privacy Violations(leginfo.legislature.ca.gov).gov
  5. California Invasion of Privacy Act - Full Chapter (PC 630-638.55)(leginfo.legislature.ca.gov).gov
  6. SB 411 - Right to Record Police Officers (2015)(leginfo.legislature.ca.gov).gov
  7. SB 690 - Commercial Business Purpose Exemption (2025-2026)(leginfo.legislature.ca.gov).gov
  8. SB 1130 - Wearable Recording Device Privacy (2025-2026)(leginfo.legislature.ca.gov).gov
  9. 18 U.S.C. Section 2511 - Federal Wiretap Act(law.cornell.edu)
  10. Flanagan v. Flanagan, 27 Cal.4th 766 (2002)(scocal.stanford.edu)
  11. Kearney v. Salomon Smith Barney, Inc., 39 Cal.4th 95 (2006)(courtlistener.com)
  12. Smith v. LoanMe, Inc., 11 Cal.5th 183 (2021)(supreme.courts.ca.gov).gov
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