Call Recording Laws in Arkansas 2025
Last Updated: February 17, 2025
Arkansas is a one-party consent state. This means that if you are a participant in a conversation, your consent is enough to legally record the call under Arkansas Code Section 5-60-120. This article outlines the key rules, potential penalties, and best practices for recording calls in Arkansas.
Overview of Arkansas Call Recording Law
Under Arkansas Code Section 5-60-120, it is illegal to intercept or record a communication unless you are a party to the conversation or have obtained consent from at least one party. In Arkansas, if you are participating in the call, your consent is legally sufficient.
Is It Legal to Record a Call in Arkansas?
Yes. Recording a call in Arkansas is legal provided that you are a participant or have obtained consent from one of the parties involved. If you record a conversation without being a party to it, you risk violating the state’s interception laws.
Arkansas One-Party Consent or Two-Party Consent?
Arkansas operates under a one-party consent rule. This means that only one person involved in the conversation—typically the recorder—needs to provide consent for the recording to be legal.
Penalties for Illegal Recording in Arkansas
Failing to comply with Arkansas’s call recording law can lead to criminal charges. Violators risk being charged with a Class A misdemeanor, which may include fines and up to one year in jail.
Federal vs. Arkansas Law
Federal law under 18 U.S.C. § 2511 permits one-party consent for recording communications. However, when recording calls within Arkansas, the state-specific statute applies. If your call crosses state lines, it is safest to adhere to the strictest applicable law.
Frequently Asked Questions
Is Arkansas a one-party consent state?
Yes. In Arkansas, if you are a participant in the conversation, your consent alone is enough to record the call legally.
Can I record calls in Arkansas without telling the other person?
Yes, if you are part of the conversation. However, if you are not involved in the conversation, recording without consent is illegal.
What happens if I illegally record someone in Arkansas?
Illegally recording a conversation can result in criminal charges, fines, and up to one year in jail.
What should I do if my call involves parties from other states?
When recording calls that cross state lines, follow the strictest consent law applicable to ensure compliance.
Additional Resources
For further details, refer to Arkansas Code Section 5-60-120 or visit our Call Recording Laws by State guide.
Please Note: The information in this article is intended as a general guide and should not be taken as legal advice. For legal advice, please consult a lawyer.
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