California is a two-party (all-party) consent state. Recording any confidential communication without all parties' consent is a crime under Penal Code 632. This applies to phone calls, in-person conversations, and audio on security cameras.
California Penal Code 632 makes it a crime to record or eavesdrop on any confidential communication without the consent of all parties. A confidential communication is one where any party has a reasonable expectation of privacy — such as conversations in homes, offices, private meeting spaces, or any area not generally open to the public. The law applies to phone calls, in-person conversations, video calls, and any electronic communications. For security cameras, video-only recording in public areas is generally legal, but adding audio immediately triggers the two-party consent requirement. The law distinguishes between confidential and non-confidential communications — conversations in clearly public settings where no reasonable expectation of privacy exists may not be considered confidential. California's eavesdropping law also prohibits using electronic amplifying or recording devices to eavesdrop on conversations in private places. Evidence obtained in violation of PC 632 is inadmissible in court.
First offense: fine up to $2,500 and/or imprisonment for up to one year. Subsequent offenses: fine up to $10,000 and/or imprisonment. Civil lawsuits can result in damages of $5,000 per violation or three times the actual damages, whichever is greater, plus punitive damages. Illegally obtained recordings are inadmissible as evidence.
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See how Berkeley's recording & consent laws rules stack up against other locations.
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