Technology makes it easier than ever to hit “record” on a conversation, whether it’s a phone call, a meeting, or even a casual chat at a restaurant. But in Georgia, doing so without understanding the law could land you in hot water. The state’s eavesdropping law, found in O.C.G.A. § 16-11-62, sets clear limits on when you can record a conversation and when doing so crosses the line into criminal conduct.

Georgia is what’s known as a “one-party consent” state. That means that as long as one person involved in the conversation consents to the recording, it is generally legal to record the communication—whether it’s over the phone or in person. So, if you’re having a phone call and you decide to record it, that’s typically lawful, even if the other person has no idea.

This rule, however, only applies when you are actually a participant in the conversation. If you’re not part of the communication, you’re not protected by the one-party consent rule. However, it remains lawful to record publicly held conversations, even if you are not a party to the conversation. But, that’s where Georgia’s eavesdropping laws come in.

O.C.G.A. § 16-11-62 makes it a crime to intentionally and secretly observe, photograph, or record another person under certain conditions where they have a reasonable expectation of privacy. This includes:

• Recording private conversations in a home, hotel room, or private office.
• Recording someone in a dressing room or restroom.
• Intercepting phone calls or electronic communications that you’re not a party to.

Under this law, it is illegal to use any device to overhear, record, or transmit the private conversation of others without consent, unless a specific legal exception applies. Violations are punishable by fines or even imprisonment of up to 5 years, depending on the nature and circumstances of the offense.

The phrase “reasonable expectation of privacy” is key here. If someone is having a loud conversation in a public place, like yelling on a cell phone at a bus stop, there’s probably no expectation of privacy. But if that same conversation happens behind closed doors in their home or office, the expectation is much stronger.

Georgia courts look at the context of the communication—who was involved, where it took place, and whether the participants could reasonably expect not to be overheard or recorded. If that expectation is present, secretly recording the conversation could be illegal, even if done with innocent intentions.

Under O.C.G.A. § 16-11-67, recordings made in violation of Georgia’s eavesdropping or wiretapping statutes are generally inadmissible in any civil or criminal trial. That means if someone illegally records a conversation and tries to hand it over to the police, prosecutors may be prohibited from using it as evidence.

There are limited exceptions. In some cases, courts have allowed illegally obtained recordings for impeachment purposes (i.e., to challenge the credibility of a witness), but not as direct proof of guilt. This creates a significant risk: if police or prosecutors rely on illegally obtained recordings to build their case, they may jeopardize the entire prosecution.

Likewise, law enforcement in Georgia cannot simply record your private communications without a warrant. If they want to legally intercept a phone call or place someone under surveillance, they must obtain a wiretap warrant, which requires judicial approval based on probable cause. Any evidence collected without such authorization may be thrown out in court as a violation of the Fourth Amendment and state privacy laws.

Georgia law tries to strike a balance between the right to document important conversations and the right to privacy. You are allowed to record a conversation if you are part of it—but you cannot secretly record others without their knowledge when they have a reasonable expectation of privacy. Doing so could not only result in criminal charges for you, but also make the recording inadmissible in any legal proceeding.

If you’re ever unsure whether a recording is legal, consult an attorney before pressing record. The line between lawful and unlawful eavesdropping can be blurry—and crossing it can have serious consequences.