No, it is not Legal to Record a Conversation in California.
California strictly follows a “two-party consent” law. This means all individuals involved in a conversation, whether in-person, on the phone, or online, must consent to being recorded.
California Penal Code Section 632 states: “…every person who, intentionally and without the consent of all parties to a confidential communication…eavesdrops upon or records the confidential communication…shall be punished by a fine…or imprisonment…”
Important Considerations:
- “Confidential communication” generally means a conversation with a reasonable expectation of privacy.
- Violating this law carries both criminal and civil penalties.
- Limited exceptions exist (e.g., to obtain evidence of specific felonies, or when a person reasonably believes their safety is at risk).
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