Legal Question in Criminal Law in Pennsylvania

Tape Recorder

I know in Pa it is illegal to tape (video and or voice) someone with out them knowing. But, can you tape a conversation if you are in a public place, since everyone around can hear the conversation anyway? Can you tape a conversation over the phone (from your house) without the other party knowing? Also, Can you video tape someone without them knowing. ex: someone who continuously sits outside your home, or work? Are any of these scenarios legal?


Asked on 7/25/06, 1:33 am

1 Answer from Attorneys
Jay Hochberg

Re: Tape Recorder

There are wiretap laws against recording phone conversations absent consent, so no, you can't tape a phone conversation. The law does not prevent someone from taping what goes on in public, although there are certain restrictions on how that tape may be used. If someone is sitting outside your home or place of business, you may certainly tape them.

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Answered on 7/25/06, 8:19 am


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