Arizona
Ariz. Rev. Stat. Ann. § 13-3005: Interception of a wire or electronic
communication by an individual who is not a party, without the consent of
someone who is a party to the communication, is a felony. The electronic
communications referred to in the statute include wireless and cellular
calls. The overhearing of a conversation by an individual who is not
present, without the consent of a party to that conversation, is also a
felony. Both violations are classified as "class 5" felonies, which are
the second least serious felonies in Arizona.
Under the statute, consent is not required for the taping of a
non-electronic communication uttered by a person who does not have a
reasonable expectation of privacy in that communication. See
definition of "oral communication," Ariz. Rev. Stat. Ann. § 13-3001.
A state appellate court has held that a criminal defendant's contention
that police officers violated this law by recording their interviews with
him without his consent was meritless because the defendant had no
reasonable expectation of privacy in a police interview room. Arizona
v. Hauss, 688 P.2d 1051 (Ariz. Ct. App. 1984).
In addition, a state appellate court has held that a mother who had a
good-faith belief that it was necessary and in the best interests of her
child may consent to taping the child's conversation with an alleged child
molester. State v. Morrison, 56 P.3d 63 (App. Div. 1 2002).
It is unlawful for a person to photograph or film a person without
consent while the person is in a restroom, locker room, bathroom or
bedroom or is undressed or involved in sexual activity. Ariz. Rev. Stat.
Ann. § 13-3019.
