Recording Conversations in Arkansas: One-Party Consent State

General Rule

Arkansas is a one-party consent state (Ark. Code § 5-60-120).

  • Public conversations: Legal to record without all parties' knowledge.
  • Private conversations: Legal if you are a participant (your consent suffices). Illegal to record a private conversation you're not part of without at least one participant's consent.

Key Distinction

"Private" = reasonable expectation of privacy (e.g., inside a home, private office). "Public" = no reasonable expectation (street, park, loud restaurant).

Penalties

Illegal recording is a Class A misdemeanor (up to 1 year jail, $2,500 fine). Civil liability also possible.

Best Practice

When in doubt, announce recording. For legal proceedings, consult an attorney on admissibility.

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