Utah


In Utah, an individual legally can record or disclose the contents of any wire, oral or electronic communication to which he is a party, or when at least one participant has consented to the recording, unless the person has a criminal or tortious purpose in making the recording. Utah Code Ann. § 77-23a-4.

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. Utah Code Ann. § 77-23a-3.

Unlawful interception of communication, including disclosure of the contents of a communication with reason to know of the illegal origin, is a felony except that when the communication consists of the radio portion of a cellular telephone call, it is a misdemeanor.

Civil liability for unlawful interception can include the greater of actual damages, mandatory damages ranging from $50 to $1,000, depending on whether it is a first or subsequent offense, $100 per day of violation, or $10,000. Equitable or declarative relief is also available under the statute. Civil actions are governed by a two-year statute of limitations. Utah Code Ann. § 77-23a-11.