Wyoming Laws on Recording in Public: What You Can and Cannot Do

In Wyoming, silent video and photography in public spaces are broadly permitted under the First Amendment. Audio recording of conversations in public follows one-party consent under Wyo. Stat. Ann. Section 7-3-702, meaning participants may record without notifying others, and open conversations where no privacy expectation exists require no consent at all.

Recording in public spaces in Wyoming involves constitutional rights, the state's wiretapping statute, and criminal privacy laws. The First Amendment provides broad protection for recording in public, and Wyoming's one-party consent framework under Wyo. Stat. Ann. Section 7-3-702 allows participants in conversations to record without notifying others. Because the wiretapping statute only protects communications where speakers have a reasonable expectation of privacy, conversations in open public settings are often not covered at all.

This guide covers every aspect of public recording in Wyoming, including where you can record, audio vs. video distinctions, recording government meetings, private property open to the public, photography rights, livestreaming, and limitations.

The Right to Record in Public

Constitutional Foundation

The right to record in public is rooted in the First Amendment. Streets, sidewalks, parks, and plazas are traditional public forums where recording is strongly protected. Every citizen has the right to document events in public, and recording police performing their duties in public is protected, as described below. The Tenth Circuit, which covers Wyoming, recognized the First Amendment right to film police performing duties in public in Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022), holding the right was clearly established as of May 26, 2019. The court noted the right is subject to reasonable time, place, and manner restrictions. The case concerned police officers; it did not decide how far the right reaches other officials or settings.

Where Public Recording Is Permitted

Wyoming-Specific Public Recording Contexts

Wyoming's unique geography and culture create specific public recording opportunities:

• National parks and monuments. Recording in Yellowstone, Grand Teton, Devils Tower, and other federal sites is generally permitted in outdoor public areas. Individual sites may have specific rules about commercial filming, tripod use, or drone restrictions.
• Public lands. Bureau of Land Management (BLM) and U.S. Forest Service lands are open to recording. Commercial filming may require permits.
• Rodeos and public events. Recording at public rodeos, county fairs, and similar events is permitted in spectator areas.
• Wildlife recording. Recording wildlife on public land is legal. Approaching wildlife too closely may violate park regulations. Be sure you are on public land: under W.S. 6-3-414, entering private land without permission to photograph or otherwise record information about the land, its plants, or its wildlife is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine.

Audio Recording Rules in Public

When Consent Is Required

Wyoming's wiretapping statute only protects "oral communications" where the speaker has a reasonable expectation of privacy. In public settings, this expectation is often absent:

• Open conversations where anyone could overhear are generally not protected. You can record these without consent.
• Private conversations in public conducted in hushed tones in a secluded area may carry a reasonable expectation of privacy.
• Your own conversations anywhere in public can be recorded because you are a participant, unless the recording is made for a criminal or tortious purpose (Section 7-3-702(b)(iv)).

Practical Examples

Video Recording in Public

General Permissions

Video-only recording in public spaces is broadly permitted. The wiretapping statute addresses communications, not images.

One important exception applies even in public. Under W.S. 6-4-304(b)(ii), using a camera to view, photograph, record, or livestream another person's intimate areas under their clothing without consent is a felony punishable by up to 5 years in prison and a $5,000 fine. You can use any type of camera including smartphones, professional cameras, action cameras, drone cameras (subject to FAA rules), body cameras, smart glasses, and dashcams.

Photography Rights

You can photograph people in public (street photography), buildings, public events, landscapes from public vantage points, and public art. Using photographs for commercial purposes may require a model release.

Recording Government Meetings

The Public Meetings Act

Wyoming's Public Meetings Act (Wyo. Stat. Ann. Section 16-4-401 et seq.) requires meetings of state and local agencies to be open to the public. That includes:

• County commission meetings
• City and town council meetings
• School board meetings
• Public hearings and comment sessions
• Meetings of boards, commissions, and agencies

The Act does not cover the state Legislature or the courts (W.S. 16-4-402(a)(ii)), and it does not say whether members of the public may record. Many bodies allow recording, but the Act does not guarantee it, so check the body's rules or ask before you record. The Legislature and the courts set their own recording rules.

Court Proceedings

Recording in courtrooms is subject to the presiding judge's discretion. Wyoming judges may permit or prohibit cameras. Some proceedings (juvenile cases) are typically closed to cameras.

Recording on Private Property Open to the Public

Businesses and Establishments

Private businesses can set their own recording policies. A store can prohibit photography and video, allow recording with restrictions, ask recording customers to leave, and post signs indicating policies. If asked to stop recording and you refuse, you may be asked to leave, and refusal could result in trespassing charges.

Social Media Livestreaming

Livestreaming in public spaces is legal in Wyoming under the same principles as standard recording. Consider that livestreams are broadcast instantly, defamation risk exists for false statements, and platform terms of service may be more restrictive than law.

Drone Recording in Public

Drone recording must comply with FAA regulations. Register drones over 0.55 pounds, obtain a Remote Pilot Certificate for commercial use, follow airspace restrictions, and maintain visual line of sight. National parks generally prohibit drone use. Privacy laws apply to drone footage of private areas.

Limitations on Public Recording

Harassment and Stalking

Persistent recording of the same person could constitute stalking if it causes reasonable fear. Recording as a tool for harassment is prohibited.

Trespassing

Your right to record ends at private property boundaries. You cannot enter private property to get better recording angles.

Interfering with Emergency Services

Recording emergency responders is legal, but interfering with their operations is not. Maintain a safe distance.

Commercial Use

Recording for personal and journalistic purposes is protected. Using someone's likeness commercially may require a consent form.

More Wyoming Recording Laws

Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

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Frequently Asked Questions

Can I record video in public places in Wyoming?

Yes. Video recording in public places is broadly permitted in Wyoming. The wiretapping statute does not restrict video-only recording, and the First Amendment protects recording in public forums. This includes streets, parks, the outside of government buildings, and public lands. Inside government buildings, agencies may set reasonable recording rules. One limit applies everywhere: recording under someone's clothing without consent is a felony under W.S. 6-4-304(b)(ii).

Do I need consent to record audio in a public place in Wyoming?

It depends. Audio recording in open public areas where speakers have no reasonable expectation of privacy does not require consent. Recording your own conversations satisfies one-party consent, unless the recording is made for a criminal or tortious purpose. Private conversations in quiet public settings may require consent.

Can I record public government meetings in Wyoming?

Often, but the law does not guarantee it. The Public Meetings Act (Wyo. Stat. Ann. Section 16-4-401 et seq.) requires meetings of state and local agencies to be open to the public, but it does not address recording and does not cover the Legislature or the courts. Many bodies allow recording, so check the body's rules or ask before you record.

Can a store or business stop me from recording in Wyoming?

Yes. Private businesses can set their own recording policies and ask you to stop or leave. Refusing to leave after being asked could result in trespassing charges. However, a request to leave does not let a business take your device or delete your recordings without your consent. Wyoming's merchant statute, W.S. 6-3-405, lets a store detain and question someone it has reasonable cause to believe is shoplifting, in a reasonable manner and for a reasonable time; it says nothing about taking a device or deleting recordings.

Can I record on public lands in Wyoming?

Yes. Recording on BLM lands, national forests, and other public lands is generally permitted for personal use. Commercial filming may require permits. National parks have specific rules about drones and commercial filming. Always check area-specific regulations, and make sure you are not on private land: photographing land, plants, or wildlife on private land without permission is a crime under W.S. 6-3-414.