Yes, you can record a conversation in Tennessee as long as you are part of it. Tennessee is a one-party consent state under Tennessee Code § 39-13-601, so any participant in a phone call, in-person conversation, or electronic communication may record it without telling the other people involved.1Justia. Tennessee Code 39-13-601 – Wiretapping and Electronic Surveillance – Prohibited Acts – Exceptions Record a conversation you aren’t part of, or record for an illegal purpose, and you’re looking at a Class D felony carrying two to twelve years in prison, plus civil damages.
The One-Party Rule in Plain Terms
If you’re in the conversation, you don’t need permission from anyone else to record it. That’s true for a phone call, a face-to-face conversation, a video meeting, or a text-based electronic communication. Someone who isn’t part of the conversation can also record it, but only if at least one participant has given prior consent. That second scenario is how a private investigator or attorney can lawfully record a call by arrangement with one side.1Justia. Tennessee Code 39-13-601 – Wiretapping and Electronic Surveillance – Prohibited Acts – Exceptions
Federal law works the same way. Under 18 U.S.C. § 2511, one-party consent is enough for a recording made anywhere in the United States, so a Tennessee call that stays inside Tennessee raises no conflict between state and federal rules.2Office of the Law Revision Counsel. 18 USC 2511 – Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited
When One-Party Consent Doesn’t Protect You
The statute has a catch. Your recording loses its legal shield if you make it “for the purpose of committing any criminal or tortious act.”1Justia. Tennessee Code 39-13-601 – Wiretapping and Electronic Surveillance – Prohibited Acts – Exceptions Blackmail and extortion are the obvious examples, but the exception is broader. Recording to harass someone, to defraud them, or to tortiously interfere with their business relationships can all knock out your protection. Federal law contains the same limitation.2Office of the Law Revision Counsel. 18 USC 2511 – Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited
What matters is your purpose when you press record. Documenting a conversation because you’re worried about being mistreated is a legitimate reason. Recording to set someone up or to hold the recording over them is not.
Calls That Cross State Lines
About a dozen states require every party to consent before a call can be recorded. If the person on the other end of your call is in one of those states, the stricter law may apply, and courts have not been entirely consistent about which state’s rules control. The safe move on a cross-state call is to tell the other person you’re recording and get their agreement on the recording itself.
Recording in Public
Tennessee’s wiretapping law only protects conversations where the speaker has a reasonable expectation of privacy. In genuinely public settings, that expectation disappears. You don’t need anyone’s consent to record a conversation on a sidewalk, in a park, or in a busy restaurant lobby, because those conversations could be overheard by any passerby.
Context still matters. Two people speaking in hushed tones at an isolated corner table, clearly trying not to be overheard, may retain a reasonable expectation of privacy even though they’re technically in a public place. The question is whether the speaker took reasonable steps to keep the conversation private.
Recording Police Officers
Federal courts have broadly recognized a First Amendment right to record police performing their duties in public. In Tennessee, that right now comes with a distance rule. A 2025 state law allows officers to order bystanders, including journalists, to stay at least 25 feet away from crime scenes, traffic stops, and situations involving an immediate threat to public safety. Refusing the order is a misdemeanor. A coalition of media organizations has challenged the law in federal court, but as of early 2026 a judge declined to block it while the case moves forward.
The practical result: you can still record police in public from a reasonable distance, but if an officer tells you to move back 25 feet, ignoring that order can bring criminal charges whether or not you were recording.
Recording at Work
The one-party rule applies at work the same way it applies anywhere else. An employee can record a meeting, a conversation with a supervisor, or a call with a coworker, as long as the employee is a participant. Employers can do the same for conversations they’re part of.
Two other layers complicate the picture. First, the National Labor Relations Act protects employees’ right to engage in concerted activity, including discussing wages, benefits, and working conditions.3National Labor Relations Board. Concerted Activity An employer who records conversations tied to union organizing or collective bargaining can run into federal labor problems even when the recording itself is legal under Tennessee wiretap law.
Second, Tennessee is an at-will employment state, meaning employers can fire employees for almost any reason not specifically prohibited by law.4TN.gov. Employee Rights Many workplaces have policies banning unauthorized recording, and violating that policy can cost you your job even if the recording broke no law. Check the employee handbook before you record anything at work.
Parents and Their Children
A parent who is part of a conversation with their child can record it under the one-party rule, and the child’s age changes nothing. What’s less settled is whether a parent can consent on a minor child’s behalf to record a conversation the parent isn’t part of. Some states have adopted a “vicarious consent” doctrine allowing this when the parent has a good-faith belief the recording serves the child’s best interest. Tennessee courts haven’t definitively established that doctrine, so a parent considering it should consult an attorney first.
Penalties for Recording Illegally
Illegally intercepting, disclosing, or using a wire, oral, or electronic communication is a Class D felony in Tennessee.1Justia. Tennessee Code 39-13-601 – Wiretapping and Electronic Surveillance – Prohibited Acts – Exceptions Prison exposure runs from two years for a first-time offender up to twelve years at the highest sentencing range.5Justia. Tennessee Code 40-35-112 – Sentence Ranges That’s the same felony class as aggravated assault.
The person whose communication was recorded can also sue. Under Tennessee Code § 39-13-603, a victim can recover the greater of actual damages (including reputational harm) plus any profits the violator made, or statutory damages of $100 per day or $10,000, whichever is higher. Punitive damages, attorney’s fees, and litigation costs are also available. The victim has two years from the date they discovered or reasonably should have discovered the violation to sue. A court can also issue an injunction to stop an illegal interception before it happens.6Justia. Tennessee Code 39-13-603 – Civil Actions – Injunctive Relief – Damages – Defenses – Limitation of Actions
Using a Recording in Court
A recording made lawfully under the one-party rule is generally admissible in Tennessee, but the trial judge decides in each case. Audio quality, evidence of editing, and relevance all factor in. Keep the file in its original format, don’t alter it, and store it securely.
An illegal recording is another matter. Federal law bars any part of an illegally intercepted communication from being used as evidence in any trial, hearing, or other proceeding before any court, grand jury, or government body.7Office of the Law Revision Counsel. 18 USC 2515 – Prohibition of Use as Evidence of Intercepted Wire or Oral Communications Tennessee reinforces that exclusion at the state level. Recording illegally in the hope of gaining evidence produces no admissible evidence and can put you in the defendant’s chair instead.