Is It Illegal To Record A Phone Call?

In Nevada, it’s important to know your rights if you’re in need of legal assistance. Making the wrong decisions will hurt you in a court of law. In order to help your case, many will record a phone call or in-person conversation. However, is it illegal to record a phone call or in-person conversation?

Can You Record A Phone Call In Nevada?

Nevada law states that recording a phone call is illegal without consent. Nevada Supreme Court has ruled that both parties involved in the phone call must consent in order for it to be legal. Recording a phone call without getting consent from everyone involved will not hold up as evidence in a court of law. Nevada considers this act as a felony and will result in imprisonment and or fines. This felony can result in 1 to 4 years of prison time. Fines can also result in up to $2,000. Recording a phone call is considered a type of wired communication that the Nevada Supreme Court forbids recording without consent.

However, there is an exception to this rule. If the person recording the phone call is in another state then that state’s law applies and not Nevada law. Always ask a lawyer regarding legal issues when it comes to everyday issues.

Can You Record An In-Person Conversation?

Nevada is a one-party consent state when it comes to recording an in-person conversation. Meaning, that only one person within the in-person conversation has to consent for it to be a legal recording. If you are part of the conversation then you could consent yourself and record the in-person conversation.

However, if a private conversation is happening that does not include you then this rule does not apply. You cannot record a private in-person conversation between two other people that doesn’t involve you. For example, if your neighbor is having a conversation with your spouse in another room then you cannot record their conversation since it doesn’t involve you.

Is It Illegal To Record A FaceTime Or Zoom Call?

Although Nevada is a little muddy about recording a FaceTime, Zoom or Skype call it can be considered a type of wired communication. Nevada Supreme Court has ruled that both parties must consent for any wired communication conversation. So, recording any FaceTime, Zoom, or Skype call is illegal. Any recording without consent from both parties cannot be used as evidence in a court of law. Using any sort of illegal recorded electronic conversation can damage your credibility and hurt your case.

On the other hand, in a real-world situation, most people announce that the FaceTime, Zoom or Skype call is being recorded. This announcement is usually said at the beginning of the call that way everyone is aware when starting the conversation. If this announcement isn’t done during an important conversation then ask that if it’s being recorded. This will prevent any confusion if the conversation is recorded.

Can I Share A Recorded Phone Call?

Is it illegal to record and share a phone call? The answer is yes. The Nevada Supreme Court has ruled that it is illegal to record and share a phone call. Both parties involved must consent for it to be a legal recording. Using any illegal recording will not hold up in a court of law and can damage your case.

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