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This depends on the law in the state that the recording took place. In most states; however, only one person must have knowledge that the recording is taking place. In this case the person doing the recording knew he/she was recording the conversation so it is legal. Always assume that you are being recorded and you should be safe! Another View: I differ from the view of the first answer - Most states require that the calling party be advised that their conversation is being recorded - and they then have the option of consenting to continue, denying permission, or hanging up. The question boils down to this however - Just how credible are death threats made over the phone? As repugnant as they may be, verbal threats made without any means or method to carry them out can be considered Constitutionally protected "free speech." I wonder just what kind of "charges" were placed as a result of this alleged phone conversation? The above answer is correct. Keep in mind that State laws differ but the ability to carry out the actions stated in the conversation does determine the type of charge that might be filed.

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Q: If somebody recorded your phone conversation with them while you were threatening to kill them and they are pressing charges can charges be dropped since you did not give consent to record?
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