In California, you generally need the consent of everyone in a conversation before you record it, as long as the conversation is confidential. That rule comes from Penal Code section 632, and it applies even if you are one of the people talking. Conversations in public, where people can expect to be overheard, are not covered by that section.
Phone calls on cell phones get even stricter treatment under a separate section. This guide explains the rules as of October 2026, the penalties, and the exceptions that matter in daily life.
What the all-party consent rule says
Under Penal Code 632, it is a crime to intentionally record or eavesdrop on a confidential communication without the consent of all parties. The law covers recorders, phones, apps and any other electronic device. It applies to talks in person and to calls carried by telephone or similar devices. Radio broadcasts are the one listed exception.
The law reaches businesses and government agencies, not just individuals. However, it does not apply to someone whom every party already knows is listening or recording. So a court reporter or a visible camera crew is not eavesdropping.
This sets California apart from federal law. The federal Wiretap Act, at 18 U.S.C. 2511(2)(d), allows a person to record a call they are part of. Most states follow that one-party model. California is one of a minority of states that require consent from everyone, and its rule is the one that counts here.
What counts as a confidential conversation
The statute calls a conversation confidential when the circumstances reasonably show that a party wants it kept between the people involved. It then excludes three situations:
- public gatherings, such as a rally or a crowded party;
- open public proceedings, such as a city council meeting or a court hearing;
- any setting where people can reasonably expect to be overheard or recorded.
The California Supreme Court addressed this in Flanagan v. Flanagan in 2002. It held that a conversation is confidential if a party reasonably expects that no one is listening in or recording. So the test is about expectations, not about the topic.
In practice, a closed-door meeting with your manager is likely confidential. A private phone call with a relative is too. By contrast, a loud chat at a busy restaurant table may not be. Gray areas are common, and courts look at the full facts of each case.
Phone calls, cell phones and out-of-state calls
Calls involving a cell phone or cordless phone fall under Penal Code 632.7. It bars intercepting and intentionally recording such calls without the consent of all parties. Unlike section 632, this section does not require the call to be confidential.
In 2021, the California Supreme Court ruled in Smith v. LoanMe that section 632.7 also covers the people on the call, not only outside eavesdroppers. That means secretly recording your own cell phone call can break the law.
State lines do not always help either. In Kearney v. Salomon Smith Barney, decided in 2006, a Georgia brokerage had recorded calls with clients in California. Georgia allows one-party recording. Even so, the California Supreme Court held that California’s law could apply and allowed the clients to seek an order to stop the practice.
That is why so many customer service lines open with a notice that the call may be recorded. A clear notice at the start, followed by the caller staying on the line, is the usual way businesses get consent.
Penalties: criminal fines and civil lawsuits
Breaking these rules can lead to criminal charges, a civil lawsuit, or both. Each recorded conversation can count as a separate violation.
| Situation | Possible consequence |
|---|---|
| First offense under section 632 or 632.7 | Fine up to $2,500, up to one year in county jail or a state prison term, or both |
| Repeat offense after a prior conviction | Fine up to $10,000, plus possible jail or prison |
| Civil lawsuit under section 637.2 | The greater of $5,000 per violation or three times actual damages |
| Using the recording in court | Generally not allowed as evidence, except to prove the violation itself |
The civil rule in Penal Code 637.2 is broad. A person who was recorded does not need to prove any financial harm to sue. They can also ask a court for an order to stop further recording.
Exceptions you should know
A few exceptions cover common situations:
- Evidence of certain crimes. Penal Code 633.5 lets one party record to gather evidence they reasonably believe relates to extortion, kidnapping, bribery, a violent felony, human trafficking, domestic violence, or threatening and harassing calls.
- Recording police in public. Under Penal Code 148(g), filming or audio recording an officer in a public place is not, by itself, obstruction. It also does not, alone, give police grounds to detain or arrest you.
- Utilities and jails. Phone companies working on their systems and phone lines inside correctional facilities are exempt.
- Authorized law enforcement. Police with proper legal authority follow separate wiretap rules.
How to record a conversation legally
The simplest way to stay within the law is to ask first and get a clear yes. A few habits make that consent easy to prove later:
- Say at the start that you want to record, and capture the other person’s answer on the recording itself.
- On group calls, tell everyone before you press record. If someone joins later, repeat the notice.
- Use the built-in recording feature of video meeting apps, since most of them show a visible alert to every participant.
- If anyone says no, stop recording and take written notes instead.
- Store the file securely and share it only for the purpose people agreed to.
Consent does not have to be in writing. Still, a spoken yes on the tape is far easier to show than a later claim that everyone knew. When in doubt, treat the conversation as confidential and ask.
Video, doorbell cameras and the workplace
Section 632 is about communications, so it mainly concerns sound. Silent video is handled by other laws. For example, Penal Code 647(j) covers recording people in places where they expect full privacy, such as bathrooms and changing rooms.
Cameras have spread from stores to porches and parking lots, a trend visible even in older coverage like our archive story on license plate recognition partnerships. If your doorbell camera records audio, it may pick up passersby on a public sidewalk, which is usually not confidential. Still, aiming a microphone at a neighbor’s yard or window is riskier.
The workplace is where most questions come up. Secretly recording a meeting with a supervisor can violate section 632, even when the goal is to document a pay or scheduling dispute. Instead, take written notes right away and save emails and pay stubs. Before acting on a dispute, it helps to know your rights under California overtime law and the state’s limits in California non-compete law.
For more state rules explained, browse our Los Angeles and California guides. This article is general information, not legal advice; for a specific case, talk to a licensed California attorney.
Frequently asked questions
Is California a one-party or two-party consent state?
California requires the consent of all parties for confidential conversations and for calls involving cell or cordless phones. People often call this two-party consent, even when more than two people are talking.
Can I record a phone call if I am on the call?
Not without everyone’s consent. Being a participant does not create an exception under California law, unlike federal law.
Can I record the police in California?
Yes, in a public place or anywhere you have a right to be. Recording alone is not obstruction under Penal Code 148(g).
Can a secret recording be used in court?
Usually not. Section 632(d) bars it as evidence, with narrow exceptions such as recordings made under section 633.5.
Have a question about this topic? Ask in the comments below. Our editors read every comment and answer questions here, and we add useful answers to the guide.
Sources
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18…
- law.justia.com/cases/california/supreme-court/2006/s124739.html
- california.public.law/codes/penal_code_section_632