{
  "batch": "484-arkansas-recording-consent-one-party-or-two-party",
  "articles": [
    {
      "id": "learn_r484_arkansas_recording_consent_one_party_or_two_party_484_arkansas_recording_consent_one_party_or_two_party_ancho",
      "category": "Safety",
      "title": "[Unverified - being checked] Arkansas Code and Constitution of 1874: the General Assembly's Arkansas Law page (anchor)",
      "summary": "[Unverified - being checked] The Arkansas General Assembly's own site (arkleg.state.ar.us, run by the Bureau of Legislative Research) lists the Arkansas Code and Constitution of 1874 under its Arkansas Law menu. The Code text itself is hosted by LexisNexis behind a JavaScript viewer, so the operative statute text in this batch is quoted from the signed Acts on arkleg.state.ar.us that enacted or reprint it. The sections quoted below are in Title 5 (Criminal Offenses), Title 16 and Title 4.",
      "body": "The Arkansas General Assembly's own site (arkleg.state.ar.us, run by the Bureau of Legislative Research) lists the Arkansas Code and Constitution of 1874 under its Arkansas Law menu. The Code text itself is hosted by LexisNexis behind a JavaScript viewer, so the operative statute text in this batch is quoted from the signed Acts on arkleg.state.ar.us that enacted or reprint it. The sections quoted below are in Title 5 (Criminal Offenses), Title 16 and Title 4.\n\nWhat Arkansas General Assembly (arkleg.state.ar.us) actually says:\n\n“Arkansas Law Arkansas Code and Constitution of 1874 | Uncodified Historic Legislation”\n\nNote: Anchor record: arkleg.state.ar.us/ArkansasLaw. The Code link on that page leaves the site for Lexis (advance.lexis.com), which returns only a JavaScript shell to automated readers, so section text could not be quoted from the Code itself. Signed Act PDFs on arkleg.state.ar.us print the whole section when an Act amends it, with stricken and inserted words side by side.",
      "source_type": "official",
      "source_link": "https://www.arkleg.state.ar.us/ArkansasLaw",
      "last_verified": "2026-10-19",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Arkansas General Assembly (arkleg.state.ar.us)",
      "evidence_quote": "Arkansas Law Arkansas Code and Constitution of 1874 | Uncodified Historic Legislation",
      "volatility": "low",
      "from_batch": "484-arkansas-recording-consent-one-party-or-two-party",
      "subject": "Arkansas Code (official publication)",
      "topic": "Arkansas Code and Constitution of 1874: the General Assembly's Arkansas Law page (anchor)",
      "applies_to_country": "US",
      "applies_to_scope": "AR",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ar"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r484_arkansas_recording_consent_one_party_or_two_party_484_arkansas_recording_consent_one_party_or_two_party_rec_a",
      "category": "Safety",
      "title": "[Unverified - being checked] Ark. Code 5-60-120(a)-(b): Interception and recording: one-party consent",
      "summary": "[Unverified - being checked] Ark. Code 5-60-120(a): it is unlawful to intercept a wire, oral or telephonic communication and to record or possess a recording of it unless the person is a party to the communication or one of the parties has given prior consent; so Arkansas is a ONE-PARTY consent state for audio recording of those communications; a violation is a Class A misdemeanor (5-60-120(b)).",
      "body": "Ark. Code 5-60-120(a): it is unlawful to intercept a wire, oral or telephonic communication and to record or possess a recording of it unless the person is a party to the communication or one of the parties has given prior consent; so Arkansas is a ONE-PARTY consent state for audio recording of those communications; a violation is a Class A misdemeanor (5-60-120(b)).\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(a) It shall be unlawful for a person to intercept a wire, oral, or telephonic communication, defined as communications that utilize the electromagnetic spectrum frequencies of forty-six to forty-nine megahertz (46-49 mghz.) generally used by cordless telephone technology and eight hundred forty to eight hundred eighty megahertz (840-880 mghz.) generally used by cellular telephone technology or that utilize the wire, cable, or landline telephone facilities or telecommunications network, and to record or possess a recording of such communication unless such a person is a party to the communication or one (1) of the parties to the communication has given prior consent to such interception and recording. (b) Any violation of this section shall be a Class A misdemeanor.”\n\nNote: Source is Act 1773 of 2001 (HB 2594), the signed Act that last reprinted the whole section among the Acts I could open; it is the arkleg.state.ar.us PDF, not the current Code. No later Act reprinting 5-60-120 was found in the 2017-2025 regular sessions that were searched, but an amendment in 2002-2016 was not excluded, so confidence is medium. The definition is of 'wire, oral, or telephonic communication' by radio frequency and wire/cable facilities; the section does not mention video-only recording; 5-16-101 (secret filming) is a separate section. The text excepts a person who is a party to the communication and a recording where one party has given prior consent; whether a particular recording of a shoot is an 'intercepted communication' is not answered by the text, and no case law was read.",
      "source_type": "official",
      "source_link": "https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2001%2FPublic%2F&file=1773.pdf&ddBienniumSession=2001%2FR",
      "last_verified": "2026-10-19",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)",
      "evidence_quote": "(a) It shall be unlawful for a person to intercept a wire, oral, or telephonic communication, defined as communications that utilize the electromagnetic spectrum frequencies of forty-six to forty-nine megahertz (46-49 mghz.) generally used by cordless telephone technology and eight hundred forty to eight hundred eighty megahertz (840-880 mghz.) generally used by cellular telephone technology or that utilize the wire, cable, or landline telephone facilities or telecommunications network, and to record or possess a recording of such communication unless such a person is a party to the communication or one (1) of the parties to the communication has given prior consent to such interception and recording. (b) Any violation of this section shall be a Class A misdemeanor.",
      "volatility": "low",
      "from_batch": "484-arkansas-recording-consent-one-party-or-two-party",
      "subject": "Ark. Code 5-60-120(a)-(b)",
      "topic": "Interception and recording: one-party consent",
      "applies_to_country": "US",
      "applies_to_scope": "AR",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ar"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r484_arkansas_recording_consent_one_party_or_two_party_484_arkansas_recording_consent_one_party_or_two_party_rec_c",
      "category": "Safety",
      "title": "[Unverified - being checked] Ark. Code 5-60-120(c)(1): Interception and recording: law-enforcement exception",
      "summary": "[Unverified - being checked] Ark. Code 5-60-120(c)(1): it is not unlawful under the section for a person acting under the colour of law to do the act.",
      "body": "Ark. Code 5-60-120(c)(1): it is not unlawful under the section for a person acting under the colour of law to do the act.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(c)(1) It shall not be unlawful for such an act to be committed by a person acting under the color of law.”\n\nNote: Act 1773 of 2001; same caveat as the record for subsection (a). Subsection (c)(3) also exempts telephone-utility operators acting in the normal course of employment.",
      "source_type": "official",
      "source_link": "https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2001%2FPublic%2F&file=1773.pdf&ddBienniumSession=2001%2FR",
      "last_verified": "2026-10-19",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)",
      "evidence_quote": "(c)(1) It shall not be unlawful for such an act to be committed by a person acting under the color of law.",
      "volatility": "low",
      "from_batch": "484-arkansas-recording-consent-one-party-or-two-party",
      "subject": "Ark. Code 5-60-120(c)(1)",
      "topic": "Interception and recording: law-enforcement exception",
      "applies_to_country": "US",
      "applies_to_scope": "AR",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ar"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r484_arkansas_recording_consent_one_party_or_two_party_484_arkansas_recording_consent_one_party_or_two_party_vv_a",
      "category": "Safety",
      "title": "[Unverified - being checked] Ark. Code 5-16-101(a): Video voyeurism: the offence",
      "summary": "[Unverified - being checked] Ark. Code 5-16-101(a) as amended by Act 822 of 2021: it is unlawful to use a camera or other image recording device for the purpose of secretly observing, viewing, photographing, filming or videotaping another person who is present in a residence, place of business, school or other structure, in a private area out of public view, with a reasonable expectation of privacy.",
      "body": "Ark. Code 5-16-101(a) as amended by Act 822 of 2021: it is unlawful to use a camera or other image recording device for the purpose of secretly observing, viewing, photographing, filming or videotaping another person who is present in a residence, place of business, school or other structure, in a private area out of public view, with a reasonable expectation of privacy.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(a) It is unlawful for a person to use a camera, videotape, photo- optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person: (1) Is in a private area out of public view; (2) Has a reasonable expectation of privacy;”\n\nNote: The text requires a purpose of secretly observing or filming another person who is in a private area, has a reasonable expectation of privacy and has not consented; it says nothing about open filming. The third element, lack of consent, is printed in the Act with the replaced words 'to the observation' and the new 'observing, viewing, photographing, filming, or videotaping' side by side and is not quoted here.",
      "source_type": "official",
      "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=822.pdf&ddBienniumSession=2021%2F2021R",
      "last_verified": "2026-10-19",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)",
      "evidence_quote": "(a) It is unlawful for a person to use a camera, videotape, photo- optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person: (1) Is in a private area out of public view; (2) Has a reasonable expectation of privacy;",
      "volatility": "low",
      "from_batch": "484-arkansas-recording-consent-one-party-or-two-party",
      "subject": "Ark. Code 5-16-101(a)",
      "topic": "Video voyeurism: the offence",
      "applies_to_country": "US",
      "applies_to_scope": "AR",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ar"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r484_arkansas_recording_consent_one_party_or_two_party_484_arkansas_recording_consent_one_party_or_two_party_vv_b",
      "category": "Safety",
      "title": "[Unverified - being checked] Ark. Code 5-16-101(b)(2)-(3): Video voyeurism: concealed equipment (subsection (b))",
      "summary": "[Unverified - being checked] Ark. Code 5-16-101(b), as printed in Act 461 of 2019: a second voyeurism offence covers using concealed or disguised equipment to film a person for the purpose of viewing parts of the body covered by clothing, without the knowledge or consent of the person filmed, under circumstances in which that person has a reasonable expectation of privacy.",
      "body": "Ark. Code 5-16-101(b), as printed in Act 461 of 2019: a second voyeurism offence covers using concealed or disguised equipment to film a person for the purpose of viewing parts of the body covered by clothing, without the knowledge or consent of the person filmed, under circumstances in which that person has a reasonable expectation of privacy.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(2) Without the knowledge or consent of the other person being videotaped, filmed, photographed, recorded, or viewed by electronic means; and (3) Under circumstances in which the other person being videotaped, filmed, photographed, recorded, or viewed by electronic means has a reasonable expectation of privacy.”\n\nNote: Both elements turn on the filmed person's lack of knowledge or consent. Act 461 of 2019 reprints the whole section.",
      "source_type": "official",
      "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2019R%2FPublic%2F&file=461.pdf&ddBienniumSession=2019%2F2019R",
      "last_verified": "2026-10-19",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)",
      "evidence_quote": "(2) Without the knowledge or consent of the other person being videotaped, filmed, photographed, recorded, or viewed by electronic means; and (3) Under circumstances in which the other person being videotaped, filmed, photographed, recorded, or viewed by electronic means has a reasonable expectation of privacy.",
      "volatility": "low",
      "from_batch": "484-arkansas-recording-consent-one-party-or-two-party",
      "subject": "Ark. Code 5-16-101(b)(2)-(3)",
      "topic": "Video voyeurism: concealed equipment (subsection (b))",
      "applies_to_country": "US",
      "applies_to_scope": "AR",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ar"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r484_arkansas_recording_consent_one_party_or_two_party_484_arkansas_recording_consent_one_party_or_two_party_vv_pe",
      "category": "Safety",
      "title": "[Unverified - being checked] Ark. Code 5-16-101(c)(2): Video voyeurism: penalty for subsection (b) offences",
      "summary": "[Unverified - being checked] Ark. Code 5-16-101(c)(2): a violation of subsection (b) is a Class B misdemeanor, raised to a Class A misdemeanor if the person distributed or transmitted the recording, posted it so it is accessible on the internet, or has a prior conviction under 5-16-101 or 5-16-102.",
      "body": "Ark. Code 5-16-101(c)(2): a violation of subsection (b) is a Class B misdemeanor, raised to a Class A misdemeanor if the person distributed or transmitted the recording, posted it so it is accessible on the internet, or has a prior conviction under 5-16-101 or 5-16-102.\n\nWhat Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us) actually says:\n\n“(2)(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor. (B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: (i) Distributed or transmitted the video recording, film, or photo to another person; (ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or (iii) Has previously been convicted of a violation of this section or 5-16-102.”",
      "source_type": "official",
      "source_link": "https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=597.pdf&ddBienniumSession=2021%2F2021R",
      "last_verified": "2026-10-19",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Arkansas General Assembly (Bureau of Legislative Research, signed Act PDF on arkleg.state.ar.us)",
      "evidence_quote": "(2)(A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor. (B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person: (i) Distributed or transmitted the video recording, film, or photo to another person; (ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or (iii) Has previously been convicted of a violation of this section or 5-16-102.",
      "volatility": "low",
      "from_batch": "484-arkansas-recording-consent-one-party-or-two-party",
      "subject": "Ark. Code 5-16-101(c)(2)",
      "topic": "Video voyeurism: penalty for subsection (b) offences",
      "applies_to_country": "US",
      "applies_to_scope": "AR",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-ar"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "hollow_body",
          "strong_label_on_weak_content"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}