"Under United States federal law and most state laws there is nothing illegal about one of the parties to a telephone call recording the conversation, or giving permission for calls to be recorded or permitting their telephone line to be tapped. However, several states (i.e., California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan[10], Montana, Nevada, New Hampshire, Pennsylvania and Washington) require that all parties consent when one party wants to record a telephone conversation.The Telephone recording laws in some U.S. states require only one party to be aware of the recording, while other states require both parties to be aware. It is considered better practice to announce at the beginning of a call that the conversation is being recorded."
So depending on where this was done, this could be legal or illegal...and Viper this would not enforced as a 3rd degree felony but at most a Class A misdemeanor, and possibly even less depending on the individual's record, and intent of the recording.