Wiretapping laws between PA and NJ

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Wiretapping laws between PA and NJ

If someone records a conversation in NJ while talking to someone in PA, have any laws been broken? After the conversation, an SMS txt from the NJ resident to the PA resident telling them the conversation had been recorded.

Asked on March 11, 2019 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

While NJ is a "1 part consent" state, PA is an "all party consent" state. This means that all parties to a conversation must give their permission for it to be recorded in advance of such recording; notification after the fact is not sufficient to meet this requirement. Since no prior notice was given and 1 of the parties was in PA at the time of the recording, the recording was illegal.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

While NJ is a "1 part consent" state, PA is an "all party consent" state. This means that all parties to a conversation must give their permission for it to be recorded in advance of such recording; notification after the fact is not sufficient to meet this requirement. Since no prior notice was given and 1 of the parties was in PA at the time of the recording, the recording was illegal. 


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