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Can we tape in Alaska?

Alaska Stat. � 42.20.310: It is illegal in Alaska to use an eavesdropping device to hear or record a conversation without the consent of at least one party to that conversation, or to disclose or publish information that one knows, or should know, was illegally obtained. A person who is not a party to a private conversation who receives information from that conversation cannot legally divulge or publish the information. Alaska Stat. � 42.20.300.

The state's highest court has held that the eavesdropping statute clearly was intended to prohibit third-party interception of communications and is not applicable to a participant in a conversation. Palmer v. Alaska, 604 P.2d 1106 (Alaska 1979). Any violation of the eavesdropping laws is a misdemeanor subject to a fine of up to $1,000 and/or one year in jail, and suppression of the contents in court is the only civil penalty authorized. Alaska Stat. � 42.20.330.

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.

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