Legal Question in Criminal Law in Washington

It probably depends on whether it was a private conversation.

9.73.030, Intercepting, recording, or divulging private communication � Consent required � Exceptions.

(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual ... to intercept, or record any:

(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;

(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation.

The statute does allow civil penalties, as well as criminal prosecution, for violations of the privacy act.