California Penal Code Section 632 makes unlawful recording a criminal offense. The statute states that, “A person who, intentionally and without the consent of all parties … uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished…”
This statute makes clear that virtually all types of recording are covered by the law if the communication is confidential.
It also goes on to define confidential communications to include those made under any circumstances that “reasonably indicate” either party intends for it to be a confidential discussion—unless it falls within certain exceptions, such as when the conversation takes place in a location where there’s a reasonable likelihood of someone overhearing it.
If your communication is considered confidential, recording it is unlawful unless you get the consent of all parties involved in the discussion. Some examples of specific types of covered communications include:
- in-person conversations
- Zoom meetings
- telephone conversations
- conversations using any other device, except for a radio
Because this rule is in place, California is classified as a two-party consent state. Even if one person involved in the conversation wants it recorded, it’s still illegal to do so without the approval and agreement of the others.