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Recording A Call Or A Conversation

Idaho Code § 18-6702 — one party's prior consent is enough, and secret interception is a felony

One party is enough. It is lawful in Idaho for a person to intercept a wire, electronic or oral communication when one of the parties to the communication has given prior consent to the interception. A party recording their own call or conversation is that party.

  • Idaho Code § 18-6702
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Willfully intercepting a communication without that consent, or using a device to intercept an oral communication, or disclosing or using what one knows was unlawfully intercepted, is a felony carrying up to five years, a fine of up to $5,000, or both.

  • Idaho Code § 18-6702

A person whose communication is unlawfully intercepted, disclosed or used may sue for actual damages of not less than $100 a day of violation or $1,000, whichever is higher, plus punitive damages and a reasonable attorney's fee.

Federal law and the rules of a particular place, such as a courtroom, set their own limits alongside the section. Recording that captures a person undressing raises different questions under other sections. A particular recording is a question for a licensed Idaho attorney.

  • Idaho Code § 18-6702
Sources for this section (2)
  1. Idaho Code § 18-6702 — Interception and disclosure of wire, electronic or oral communications prohibited
  2. Idaho Code § 18-6709 — Recovery of civil damages authorized

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.

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