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Recording Conversations?

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DeeCee

Guest
Is it legal in the state of Pennsylvania to audio tape a conversation without the knowledge or consent of another party?

Thanks!
 


D

DeeCee

Guest
Forgive my ignorance, but what do you mean by a "two party state"?
 

stealth2

Under the Radar Member
cananyone - it would help if you ALSO gave her the link to the state statutes that give the laws in each state.

As in, you could have given her the main url for the site http://www.rcfp.org/taping/ where she could easily get to the state statutes that Jet posted below.
 
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JETX

Senior Member
DeeCee said:
Is it legal in the state of Pennsylvania to audio tape a conversation without the knowledge or consent of another party?
No.
The following is from PA statute:
"§ 5703. Interception, disclosure or use of wire, electronic or oral communications.
Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he:
1. intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;
2. intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or
3. intentionally uses or endeavors to use the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire, electronic or oral communication."

There are some exceptions and they can be found at:
http://members.aol.com/StatutesP5/18.Cp.57B.html
 
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DeeCee

Guest
:( :(

oh boy - lots to read! LOL Can it simply be played to the lawyer although not admissible in court?

In some cases, the party was told they were being taped. In most cases, it's a 5 1/2 year old child in the middle of his parent's fight for custody, , simply taping his emotions/reactions.

Thanks for your response!! :) :)
 
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tigger2two

Guest
by playing something to your attorney that isn't legal is your way of telling your attorney you broke the law. I would get rid of the tapes. Except for the ones that are a conversation between you and your ex and you have it recorded that you are taping it. (and him saying ok)
 

stealth2

Under the Radar Member
DeeCee said:
:( :(

oh boy - lots to read! LOL Can it simply be played to the lawyer although not admissible in court?

In some cases, the party was told they were being taped. In most cases, it's a 5 1/2 year old child in the middle of his parent's fight for custody, , simply taping his emotions/reactions.

Thanks for your response!! :) :)
Which part of "It is a felony" isn't clear?
 

LdiJ

Senior Member
DeeCee said:
:( :(

oh boy - lots to read! LOL Can it simply be played to the lawyer although not admissible in court?

In some cases, the party was told they were being taped. In most cases, it's a 5 1/2 year old child in the middle of his parent's fight for custody, , simply taping his emotions/reactions.

Thanks for your response!! :) :)
If the party was told they were being taped, that isn't illegal. If you taped your child talking about how he/she feels that isn't illegal either. Any tapes made without the party's knowledge would be illegal and you should destroy those tapes. However, if you were a party to the conversation, then you can listen to them to refresh your memory of the conversation and document the important items.
 
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tigger2two

Guest
However if your child is talking about how he/she feels while on the phone with the ex that is illegal. You can't record your child talking on the phone bc they aren't of legal age to consent to a phone conversation, seeing as how you are in a two party state.
 

snostar

Senior Member
Actually, depending on the age and maturity of the child they may be able to give "informed consent." But, only a judge can make that determination.
 
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tigger2two

Guest
well the child is 5 1/2!! do you think that would be the case in this situation?? I sure don't, and i only replied based on this OP's situation.
 

snostar

Senior Member
tigger2two said:
well the child is 5 1/2!! do you think that would be the case in this situation?? I sure don't, and i only replied based on this OP's situation.
No, I was just adding the point, not refuting yours.
 

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