Can I Be Arrested for Recording Someone Without Consent in Texas?

 Posted on July 20, 2025 in Criminal Defense

In an age of smartphones and social media, recording conversations or encounters may seem routine. However, Texas law has strict rules about when recordings are allowed. Violating these rules can result in serious criminal charges, and understanding when it is legal to record someone is essential to avoid criminal consequences.

If you are facing charges for recording someone without their consent, contact a Decatur, TX criminal defense lawyer who can review your case and advise you on how to proceed.

Is It Illegal to Record Someone Without Their Consent in Texas?

Texas is a "one-party consent" state. This means that under Texas Penal Code Section 16.02, it is generally legal to record a conversation if at least one party involved consents to the recording. In other words, if you are part of the conversation, you do not need to inform the other person that you are recording.

However, it is illegal to record a conversation between other people if you are not a party to the conversation and do not have the consent of at least one participant. Doing so could lead to felony charges for intercepting or recording a wire, oral, or electronic communication without authorization.

When Could I Be Arrested for Recording Without Consent?

You could be arrested for illegal recording if:

• You record a conversation between others without participating in it and without their knowledge.

• You use a hidden recording device to capture a conversation in a place where there is a reasonable expectation of privacy (such as someone’s home or a private office).

• You install a recording device in someone else’s property without their permission.

Violations of this law can be charged as a state jail felony. A conviction allows between 180 days and two years in jail and a fine of up to $10,000.

Are There Any Exceptions to Texas’s Illegal Recording Laws?

Law enforcement officers can record conversations as part of a lawful investigation, and businesses may monitor customer service calls if one party has given consent. It is also worth noting that Texas law focuses on the intent behind the recording. If someone records a conversation to commit or further a criminal act, such as blackmail, harassment, or stalking, penalties may be more harsh.

What Should I Do If I Am Accused of Recording Someone Illegally?

If you are facing accusations or criminal charges for illegal recording in Texas, you should take this very seriously. Even if you believed your actions were justified or legal, the law may say otherwise. A criminal defense attorney can help examine the facts of your case and develop a strategy that protects your rights.

The outcome of these cases often relies on key details such as proof of consent, location, and the intent behind the recording. A lawyer can investigate whether the prosecution has sufficient evidence and whether your rights were violated in the process.

Contact a Decatur, TX Criminal Defense Lawyer

If you have been accused of illegally recording someone without their consent, speak with a knowledgeable Wise County, TX criminal defense attorney at Godwin Law Firm, PLLC. We offer free consultations and will take the time to evaluate your case and explain your options. Call us today at 940-255-0000 to get started.