Is it against Tennessee law to record a private conversation without the consent of the parties involved ?
Tennessee is a "one-party" consent state. This means that the consent of at least one party to the conversation is required. Consent of all parties is not necessary, it is okay to record with the consent of one of the parties. It is also okay to record if the person making the recording is part of the conversation.If the conversation is taking place out in the public there is no consent required as their is no reasonable expectation of privacy in the public area. Quoting statute:A person who is a party to a wire, oral, or electronic communication, or who has obtained the consent of at least one party, can lawfully record a communication and divulge the contents of the recorded conversation unless he has a criminal or tortious purpose. Tenn. Code Ann. § 39-13-601. Violations are punishable as felonies with jail sentences of between two and 12 years and fines not to exceed $5,000. Tenn. Code Ann. §§ 39-13-602, 40-35-111.
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