A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C.

• Introduction

• State-by-state guide

• Tape-recording laws
  at a glance

• Consent and its limits

• Interstate phone calls

• Possession and
  publication

• The FCC’s role

• Cellular & cordless calls

• Citations to cases

Pennsylvania

It is a felony of the third degree to intentionally intercept, endeavor to intercept, or get any other person to intercept any wire, electronic, or oral communication without the consent of all the parties. 18 Pa. Cons. Stat. § 5703(1).

The statute is set to expire in December 2008, but could be amended and remain on the books. Under the current statutory language, consent of all parties is required to tape a conversation. 18 Pa. Cons. Stat. § 5704. Consent is not required of any parties if the parties do not have a reasonable expectation of privacy for their non-electronic communication. See definition of “oral communication,” 18 Pa. Cons. Stat. § 5702.

Anyone whose communication has been unlawfully intercepted can recover actual damages in the amount of $100 per day of violation or $1,000, whichever is greater, and also can recover punitive damages litigation costs, and attorney fees. 18 Pa. Cons. Stat. § 5725.

A person commits a misdemeanor if he views, photographs or films another person in a state of full or partial nudity without consent, under circumstances where the nude person has an expectation of privacy. 18 Pa. Cons. Stat. § 7507.1.