Los Angeles County, CA Privacy & Surveillance: Recording & Consent Laws (2026)
Key Facts
- Consent Type
- All-party (two-party)
- Criminal Fine
- Up to $2,500 first offense
- Civil Damages
- $5,000+ per violation
- Key Code
- Penal Code §632
Summary
California is a two-party (all-party) consent state for recording confidential communications. Under Penal Code §632, recording private conversations without consent from all parties is a crime punishable by fines and imprisonment. This applies to both audio and video recordings that capture private communications.
(a) A person who, intentionally and without the consent of all parties to a confidential communication, 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 by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. (d) Except as proof in an action or prosecution for violation of this section, evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section is not admissible in any judicial, administrative, legislative, or other proceeding.
Full Breakdown
California Penal Code §632 makes it a crime to record a confidential communication without the consent of all parties. This applies to phone calls, in-person conversations, and any electronic eavesdropping. A 'confidential communication' is one carried on in circumstances reasonably indicating that any party to the communication desires it to be confined to the parties involved. Public conversations (where there is no reasonable expectation of privacy) are not protected. Section 632.7 extends protection to cellular and cordless telephone communications. Recordings made in violation of §632 are inadmissible in court (§632(d)). Separate from criminal penalties, victims can sue for actual damages or $5,000 per violation, whichever is greater, under Penal Code §637.2. California's wiretapping law (§631) also prohibits intercepting communications.
Violations & Fines
First offense: fine up to $2,500 and/or imprisonment for up to one year. Subsequent offenses: up to $10,000 fine and/or one year imprisonment. Civil damages: $5,000 or actual damages per violation.
Frequently Asked Questions
Is California a one-party or two-party consent state?
Can I record someone in public in LA County?
Sources & Official References
Other rules in Los Angeles County
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