Criminal eavesdropping and surveillance (one-party consent)
AL Eavesdropping Law
Communications
Alabama is a one-party consent state: it is a crime to use a device to overhear, record, or transmit a private communication without the consent of at least one participant. The article also criminalizes secret surveillance while trespassing in a private place, planting eavesdropping devices, and using or disclosing information obtained illegally.
- Where
- Alabama
- Citation
- Ala. Code §§ 13A-11-30 to 13A-11-37
- Status
- In force
- Enforced by
- Alabama district attorneys and Attorney General (criminal prosecution)
- People can sue
- No
- Penalties
- Criminal eavesdropping and possession of an eavesdropping device are Class A misdemeanors; criminal surveillance and divulging illegally obtained information are Class B misdemeanors; installing an eavesdropping device in a private place is a Class C felony. Devices may be forfeited.
- Applies to
- Any person who records, overhears, amplifies, or transmits others' private communications with a device, or secretly surveils others while trespassing in a private place
- Defenses for peace officers performing lawful duties, communication common carrier employees acting in the normal course of service, and persons relying in good faith on a court order or legislative authorization
Practices it requires
- Do not use any device to overhear, record, amplify, or transmit a private communication unless at least one party to it consents.Ala. Code §§ 13A-11-30(1), 13A-11-31
- Do not engage in secret surveillance of another person while trespassing in a private place.Ala. Code § 13A-11-32
- Do not install an eavesdropping device in a private place without permission of the owner and any lessee, tenant, or paying guest.Ala. Code § 13A-11-33
- Do not knowingly or recklessly use or disclose information obtained through criminal eavesdropping or surveillance.Ala. Code § 13A-11-35
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Original enactment is Acts 1977, No. 607 (Criminal Code), effective date not confirmed; left null. Civil remedies for unlawful interception are in Ala. Code § 20-2B-12 (separate entry).
Research reference, not legal advice.