Is it legal to audiotape a phone conversation without the other person knowing?

Asked on July 29, 2010 under Criminal Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The laws on taping telephone conversations are known as "one-party" and "two-party" consent rules.  States vary on their laws. Be aware that often a state that requires "two-party" consent really means that all parties to a conversation must consent to the taping. At first glance the Nevada Statute appears to be a "one party" consent statute meaning that it is legal to tape a conversation if one of the parties to the conversation consent to the taping.  You can never record a conversation of which you are not a part, do not have consent or could not overhear.  But the Courts in Nevada have interpreted the statute to mean that the consent of all parties is required to tape the conversation. So I would err on the side on consent from everyone if you intend on proceeding.  Good luck.


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