Can someone get arrested for recording someone?
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Can someone get arrested for recording someone?
Someone was recorded in their own living room but because they were saying things to the person who was recording.
Asked on December 5, 2016 under Criminal Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
PA's is what is called a "2 party consent" state. It makes it a crime to record a telephone call or conversation unless all parties to the conversation consent to its being recorded. The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation". Accordingly, in-person conversations occurring in a public place can be recorded without consent. In addition to subjecting the person recording to criminal prosecution, state wiretapping law can expose a person to a civil lawsuit for personal injury damages.
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