California is a two-party (all-party) consent state for recording confidential conversations under Penal Code 632. Recording a conversation without all parties' consent is a criminal offense. Video recording without audio in public or on your property is generally permitted.
California Penal Code 632 makes it illegal to record a confidential communication without the consent of all parties. This applies to phone calls, in-person conversations, and any electronic recording of private communications. A 'confidential communication' is one where a party reasonably expects privacy. Conversations in public places where others can overhear are generally not considered confidential. Video recording without audio in public areas and on your own property is not restricted by PC 632. California Penal Code 632.7 extends protections to cell phone and cordless phone conversations. Violating PC 632 is punishable as a misdemeanor (up to $2,500 fine and/or 1 year jail) or a civil action with damages of $5,000 per violation. Recordings obtained illegally are inadmissible in court. These laws apply uniformly across California including all of Orange County. OC Sheriff handles criminal complaints at (714) 647-7000.
Recording without consent: PC 632 misdemeanor, $2,500 fine and/or 1 year jail. Civil liability: $5,000 per violation under PC 637.2. Illegally obtained recordings are inadmissible as evidence. Repeat offenses may be charged as felonies.
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See how Orange County's recording & consent laws rules stack up against other locations.
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