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Is it legal to record a call in California?

California is an all-party consent state for recording conversations. In an all-party consent state, all parties to the conversation must consent before it is recorded.

The statute

A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand

Cal. Penal Code 632(a). Last verified 2026-07-03.source Section 632.7 extends the all-party rule to cellular and cordless calls.

Penalties under the California statute

The operative penalty language, quoted from the same archived official source:

shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

Cal. Penal Code 632(a).source

Frequently asked questions

Can I record a phone call I am on in California?

California is an all-party consent state for recording conversations. In an all-party consent state, all parties to the conversation must consent before it is recorded. See the statute quoted above and confirm at the official source linked below. This is general information, not legal advice.

What penalties does the California statute provide?

The archived statute text provides: "shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment." See the quoted provision above and the official source for full context. This is general information, not legal advice.

Sources

Important

This page is general information, not legal advice. Recording laws have edge cases that this summary does not cover, including in-person versus phone recording, calls that cross state lines, and law-enforcement exceptions. Laws change. Confirm the current statute at the official source linked below, and consult your own counsel before relying on it.