Yes, two-party consent recording is legal in Arkansas, but only under strict conditions outlined in state statutes and recent judicial interpretations.
Arkansas Code § 5-60-120 requires all parties to a conversation to consent before any recording occurs. Violations constitute a Class D felony, enforceable by the Arkansas Attorney General’s Office. Local courts, including the Pulaski County Circuit Court, have upheld this statute in recent 2025 rulings, emphasizing that even incidental recordings without consent may trigger liability.
Key Regulations for Two-Party Consent Recording in Arkansas
- All-Party Consent Requirement: State law mandates explicit consent from every participant in a conversation before recording, whether in-person or via electronic means. Consent must be contemporaneous or clearly implied through prior notice.
- Wiretap Act Compliance: Recordings conducted across state lines or via digital platforms (e.g., Zoom, VoIP) fall under the Arkansas Wiretap Act, requiring adherence to federal standards (18 U.S.C. § 2511) in addition to state provisions.
- Exemptions and Enforcement: Journalists and law enforcement may record under limited exceptions, but private individuals face strict liability. The Arkansas Ethics Commission and Attorney General’s Office actively investigate complaints, with penalties including fines up to $10,000 and potential imprisonment.