Are You Allowed to Record Video of Someone Without Them Knowing Pennsylvania

Are Y'all Recording This?! A Primer on Pennsylvania's Wiretap Act

By Peter Due east. Kratsa, Esquire- Engineering, namely the ubiquitous cell phone, has made the ability to (stealthily) record otherwise individual conversations much easier. In Pennsylvania, doing so will expose you to a potential felony violation of our Wiretap Human activity. Whether it'south the tech-savvy teen or the disgruntled spouse, many a client is alleged to have violated this statute, most without even realizing it. Hither'due south what to avoid.

Two-Party Consent State

Pennsylvania is a "ii-political party consent state," significant, generally, that both parties to a individual conversation ¹ need to be aware of, and consent to, the recording of that conversation. Not all states are "2-party consent" states, every bit some state laws (and federal law) require merely "i-political party consent", which allows ane person to record a conversation without the other person knowing it.

One-Party Consent State

An example of a "one-party consent state" is New York, which yielded a recent story of some involvement involving a certain attorney recording his conversations with a certain client. Leaving aside any ethical violations that may accept been committed past that attorney, those conversations would be admissible in New York and in federal court. (Aside to attorneys: if you ever feel the need to record conversations with a client, burn the client. Immediately. Aside to clients: if you e'er doubtable your lawyer is recording your conversations, fire the lawyer. Immediately.)

Understanding all the intricacies of Pennsylvania's Wiretapping and Electronic Surveillance Act, colloquially referred to as "The Wiretap Act," 18 Pa.C.Southward. §5701 et seq., requires an electronic geek'south vocabulary. This article will make no such effort. Instead, below are a few quick pointers to consider before using that all-too handy "vocalism recorder app" on your jail cell phone.

18 Pa.C.Due south. 5703 "Interception, disclosure or use of wire, electronic or oral communications" (come across what I hateful well-nigh the electronic geek vernacular?) makes it a felony of the third degree to:

• Intercept any wire, electronic or oral communication; ⁱⁱ
• Intentionally disclose to other persons the contents of any wire, electronic or oral advice, or bear witness derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or spoken language; or
• Intentionally employ…the contents of whatever such interception.

Importantly, specifically within the context of recording a chat, there are three ways to violate this statute: by illegally recording the conversation, by disclosing the contents of that illegal recording, or past trying to employ the illegal recording.

There are numerous exceptions to the Wiretap Deed violation, which are plant at §5704 of the Act. They include:

• Law enforcement, or individuals acting at the direction of law enforcement, who are otherwise complying with the requirements of the Act;
• Police and Emergency communication systems (i.due east. 911);
• Prison phone systems;
• Where all parties to the communication consent to the recording;
• Public utilities, entities providing electronic communication services, telemarketers or telephonic customer service;
• School buses, for disciplinary or security reasons (assuming other requirements of the Act are met);
• A victim, witness, or private investigator to record an oral chat if they reasonably doubtable that the party beingness recorded is committing, or well-nigh to commit, a criminal offense of violence.

Absent whatever of the higher up exceptions, it is important to empathize this law to avert committing a felony offense. In this age of applied science, it can be also easy to unknowingly slip upwards. So, unless you're recording in a public place (e.yard., a video of an embarrassing or entertaining incident at your local superstore) or with the consent of the other party involved (it is suggested, confirmed on the record recording), don't do information technology. And if someone wants to share a recording similar that with you, don't listen to information technology.

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Peter Due east. Kratsa is a criminal defense attorney with over 20 years of experience defending individuals and entities defendant of criminal activity. His practice includes representation of clients in state and federal criminal trials, g jury investigations, internal investigations, appeals, state and federal regulatory matters, and juvenile delinquency matters.

To acquire more about Mr. Kratsa's practice, visit his website. To schedule a consultation, call (610) 840-0209 or email [email protected].

1. The oral advice must be uttered past the non-consenting political party under circumstances possessing a reasonable expectation of privacy. eighteen Pa.C.S. § 5701.
2. In English: "eavesdrop or secretly record a phone conversation or oral conversation or steal electronic communications."

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Source: https://macelree.com/recording-conversation-pa-wiretap-act/

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