Los Angeles, CA Privacy & Surveillance: Recording & Consent Laws (2026)
Key Facts
- Consent Standard
- All-party consent required
- Statute
- CA Penal Code §632
- First Offense
- Up to $2,500 + 1 year jail
- Civil Damages
- $5,000 per violation minimum
Summary
California is a two-party (all-party) consent state under Penal Code Section 632. All parties to a confidential communication must consent before it can be recorded. Violations are punishable by fines up to $2,500 (first offense) or $10,000 (subsequent), plus potential imprisonment.
632. (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.
Full Breakdown
California Penal Code Section 632 makes it a crime to use any electronic device to record or eavesdrop on a confidential communication without the consent of all parties. A confidential communication is one carried on under circumstances reasonably indicating that the parties intended it to be confidential. This applies to both in-person and telephone conversations. Key aspects: You cannot record a private conversation even if you are a party to it without the other party's consent. Public conversations where there is no reasonable expectation of privacy may be recorded. Business calls that are preceded by a recording notification are considered to have implied consent. PC 631 additionally prohibits wiretapping of telephone lines. Federal law (18 USC 2511) provides a floor of one-party consent, but California's stricter standard applies within the state. Illegally obtained recordings are inadmissible in California courts under PC 632(d). California also has a public recording exception: public officials performing their duties in public may be recorded.
Violations & Fines
First offense: fine up to $2,500 and/or imprisonment up to one year (misdemeanor). Subsequent offenses: fine up to $10,000 and/or imprisonment. Civil liability: $5,000 per violation or three times actual damages, whichever is greater. Illegally obtained recordings are inadmissible as evidence.
Frequently Asked Questions
Can I record a conversation in California without telling the other person?
Can I record in public in California?
Sources & Official References
Other rules in Los Angeles
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