Yes, Utah law mandates two-party consent for recording conversations, aligning with its wiretapping statutes under Utah Code § 77-23-10. All parties must consent to any oral communication interception, including in-person or electronic exchanges. Violations may trigger civil penalties up to $10,000 per offense, per Utah Code § 77-23-11. Local courts, including the Third District Court in Salt Lake City, have enforced strict interpretations, particularly in employment disputes where recording without consent led to injunctions. As of 2026, the Utah Attorney General’s Office has signaled heightened scrutiny of non-compliant surveillance in workplace and public settings.
Key Regulations for Two-Party Consent Recording in Utah
- All-Party Consent Requirement: Utah is a “two-party consent” state, meaning recording any private conversation—whether in person, via phone, or electronically—requires advance consent from all participants. This extends to third-party recordings where Utah residents are involved, per Utah Code § 77-23-10(2).
- Exceptions for Public Officials: Recordings of public officials acting in their official capacity are permitted under Utah’s open meetings laws (Utah Code § 52-4-101), provided the recording does not violate wiretapping provisions. However, private conversations during such events still require consent.
- Electronic Communications: Intercepting or recording electronic communications (e.g., emails, texts) without consent violates both Utah’s wiretapping law and the federal Wiretap Act (18 U.S.C. § 2511), creating dual liability risks. The Utah Division of Consumer Protection has issued guidance emphasizing compliance in remote work environments.