ALASKA is considered a One-Party Consent State, in that at least one person involved in the recorded communication must consent. An illegal recording is a misdemeanor. With that said, federal and state laws can differ, so it is always best to seek legal counsel* and follow the strictest applicable laws.
Applicable Alaska Statutes Title 42. Public Utilities and Carriers and Energy Programs § 42.20.310. Eavesdropping
In Alaska, it’s a misdemeanor to use any eavesdropping devices to record or hear any conversations without the express consent of one or more parties to a conversation.
It is a misdemeanor in Alaska to record an oral or telephone communication without the consent of at least one party. The Alaska Supreme Court has held that the eavesdropping statute was intended to address only third-party interception of communications and thus does not apply to a party to a conversation.
AK Stat § 42.20.310 (definition), § 42.20.330 (penalty), Palmer v. State, 604 P.2d 1106 (1979)
It is a misdemeanor in Alaska to use an eavesdropping device to hear or record a conversation without the consent of at least one party to the conversation or to disclose or publish information that one knows, or should know, was illegally obtained.
Alaska Stat. § 42.20.310
A person who intercepts a private conversation cannot legally divulge or publish the information without the consent of at least one party.
Alaska Stat. § 42.20.300
The eavesdropping statute carries a fine of up to $1,000 and/or one year in jail, though suppression of illegally obtained information in court is the only civil penalty authorized.
The state’s highest court has held that the eavesdropping statute was intended to prohibit only third-party interception of communications and thus does not apply to a participant in a conversation. Palmer v. Alaska, 604 P.2d 1106 (Alaska 1979).
The state hidden camera statute applies only to images that include nudity. A person who views or produces a picture of a nude or partially nude person without consent commits the crime of “indecent viewing or photography.”
Alaska Stat. § 11.61.123
The crime of indecent viewing or photography is a misdemeanor if the subject viewed is an adult, and a felony if the subject is a minor.
As per the Upcounsel website1,
Video surveillance laws differ greatly from state to state. There’s a total lack of federal laws prohibiting video surveillance in public, in the workplace, and elsewhere, sometimes known as CCTV, or closed-circuit television. Most states allow this surveillance to occur, but there are some small exceptions and some circumstances that require monitoring on a case-by-case basis.
Federal and state laws differ as to the legality of recording phone calls and conversations. Determining which jurisdiction’s law controls in cases involving recording devices or parties in multiple states can be complex, so it is likely best to adhere to the strictest applicable law when in doubt, and/or get the clear consent of all parties before recording.
If you discover any of the above information has changed, is outdated, or is otherwise incorrect before we do, please drop us an email and let us know. Thank you.
*Information in the "Policy" section does not constitute as legal advice. Please consult an attorney for any and all legal advice. (1) Video Surveillance Laws by State: Everything You Need to Know, https://www.upcounsel.com/video-surveillance-laws-by-state