Recording Law for Phone & Video Calls in Utah

Utah lets you record the audio content of any phone call or electronic communication you’re part of without telling the other person. The state’s wiretap law, Utah Code § 77-23a-4, treats phone calls and other electronic communications the same: if you’re a participant, you can intercept the audio content under a one-party consent rule. There’s no extra step—no notice or permission needed from the other side. The only exception is if you’re recording to commit a crime or a tort (like fraud), which would break other laws regardless of the recording rule. Video-only recording is not restricted by this statute and is addressed under a separate privacy law.

The wiretap statute covers “wire, electronic, or oral communications.” A phone call is an “electronic communication,” so it falls under this rule. Utah’s law does not split hairs between audio-only and video calls—the same one-party consent applies to audio and electronic communications once the communication is covered by the statute. The key is whether you’re part of the conversation. If you are, you can record the audio content. If you’re not, you can’t rely on this rule to record others’ exchanges. Video-only recording is not restricted by the wiretap statute and is addressed under a separate privacy law.

Utah has a clear rule for recording police officers: if an officer is performing official duties in plain view, recording them with a phone or camera “does not by itself constitute” interference, obstruction, or disorderly conduct under Utah Code § 76-8-305(4). The Tenth Circuit (which covers Utah) also ruled in Irizarry v. Yehia that the First Amendment protects recording police in public. You still can’t physically interfere or ignore a lawful order to move back, but the recording itself is protected.

Recording video without audio is not restricted by Utah’s wiretap law. That law only applies to the audio or content of communications. But a separate privacy law, Utah Code § 76-12-302, makes it a crime to use a device to observe or record in a “private place” without consent. A private place is somewhere you’d reasonably expect to be free from intrusion, like a home. So recording silent video in a public park or on a sidewalk is fine, but installing or using a device to observe or record inside someone’s home without their consent could break the law.

Say you’re on an audio call with a client and a colleague. You’re participating in the call, so you can record it under Utah’s one-party rule. The recording is legal as long as you’re not using it to commit fraud or another crime. If the call happens in your home, recording the audio is also fine. But if you secretly record a guest’s private conversation in your home without their knowledge, that could run into the separate privacy law for private places—even though you own the home.

Recording in a public place is usually safe under the one-party rule for audio and electronic communications. But if someone in the call lowers their voice or asks to speak privately, their speech might still carry a “reasonable expectation of privacy” even in public. Utah’s law doesn’t spell out how courts would handle this, so it’s best to treat such moments as protected. In a private home, recording your own conversations is fine, but recording others’ private talks without their consent is risky—the law isn’t crystal clear on this, so a lawyer’s take is safest.

Video-only recording is not restricted by Utah’s wiretap statute, which only governs the audio or content of communications. However, a separate statute, Utah Code § 76-12-302, criminalizes installing or using a device to observe or record in a ‘private place’ without consent. A private place is defined as somewhere you may reasonably expect to be safe from casual or hostile intrusion or surveillance. This means recording silent video in a public park or on a sidewalk is generally allowed, but recording silent video inside a private home without consent could violate the law. The statute applies regardless of whether the recording includes audio.