Tennessee is a one-party consent state under TCA 39-13-601. Only one participant in a conversation needs to consent to recording. Wiretapping without any party's consent is a Class D felony.
Tennessee is a one-party consent state for recording conversations. Under TCA 39-13-601, it is legal to record a conversation as long as at least one party to the conversation consents. This means you can legally record your own phone calls, in-person conversations, and video communications without notifying the other party, as long as you are a participant. However, intercepting or recording communications where you are not a party and no party has consented (wiretapping/eavesdropping) is a Class D felony under Tennessee law, punishable by 2-12 years in prison and fines up to $5,000. Tennessee also has a criminal voyeurism statute (TCA 39-13-605) that prohibits photographing or filming someone in a place where they have a reasonable expectation of privacy without consent, such as bathrooms, changing rooms, or bedrooms. Video recording in public places without audio does not require consent. When recording calls with parties in other states, the stricter state's law may apply.
Wiretapping: Class D felony, 2-12 years prison, up to $5,000 fine. Voyeurism: Class A misdemeanor or felony depending on circumstances.
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See how Nashville's recording & consent laws rules stack up against other locations.
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