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SVTPerformance's Chain of Restaurants
Donut Shop
False Summary Harassment Charge Options
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<blockquote data-quote="Black02GT" data-source="post: 15706870" data-attributes="member: 23818"><p>That's one party consent, PA is two party:</p><p></p><p>"Pennsylvania's wiretapping law is a <a href="http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations" target="_blank">"two-party consent" law</a>. Pennsylvania makes it a crime to intercept or record a telephone call or conversation <strong><u>unless all parties to the conversation consent</u></strong>. See <a href="http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000" target="_blank">18 Pa. Cons. Stat. § 5703</a> (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter B, and then the specific provision)."</p><p></p><p>The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." See <a href="http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000" target="_blank">18 Pa. Cons. Stat. § 5702</a> (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter A, and then the specific provision). Therefore, you may be able to record in-person conversations occurring in a public place without consent. However, you should always get the consent of all parties before recording any conversation that common sense tells you is private.</p><p></p><p>The question is where is it taking place. If the neighbor is on his own property it definitely wouldn't fly. You can't point a directional mic at you neighbor's window and I'd imagine his yard is considered private too.</p></blockquote><p></p>
[QUOTE="Black02GT, post: 15706870, member: 23818"] That's one party consent, PA is two party: "Pennsylvania's wiretapping law is a [URL='http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations']"two-party consent" law[/URL]. Pennsylvania makes it a crime to intercept or record a telephone call or conversation [B][U]unless all parties to the conversation consent[/U][/B]. See [URL='http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000']18 Pa. Cons. Stat. § 5703[/URL] (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter B, and then the specific provision)." The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." See [URL='http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000']18 Pa. Cons. Stat. § 5702[/URL] (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter A, and then the specific provision). Therefore, you may be able to record in-person conversations occurring in a public place without consent. However, you should always get the consent of all parties before recording any conversation that common sense tells you is private. The question is where is it taking place. If the neighbor is on his own property it definitely wouldn't fly. You can't point a directional mic at you neighbor's window and I'd imagine his yard is considered private too. [/QUOTE]
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