Pennsylvania has one of the strictest recording consent laws in the nation. The Wiretapping and Electronic Surveillance Control Act (WESCA, Title 18 Chapter 57) requires all-party consent. Unauthorized recording is a third-degree felony with up to 7 years in prison and $15,000 in fines.
Pennsylvania's Wiretapping and Electronic Surveillance Control Act (WESCA), codified at Title 18, Chapter 57 of the Pennsylvania Consolidated Statutes, is among the strictest recording consent laws in the United States. The law requires the consent of ALL parties to record any wire, electronic, or oral communication. This means you cannot record a phone call, in-person conversation, or video call without every participant's knowledge and agreement — even if you are a party to the conversation. The law applies to all forms of audio recording including security cameras with microphones, phone recording apps, body cameras, and any electronic recording device. Silent video recording in public places where there is no reasonable expectation of privacy is generally permitted. The law provides exceptions for law enforcement with proper court authorization and for certain emergency situations. Evidence obtained in violation of WESCA is inadmissible in Pennsylvania courts. The law applies when at least one party to the communication is in Pennsylvania.
Unauthorized interception of oral communication is a third-degree felony under WESCA, punishable by up to 7 years in prison and fines up to $15,000. This is significantly harsher than most other states. Civil lawsuits can recover actual damages, punitive damages, attorney fees, and litigation costs. Illegally obtained recordings are inadmissible in court.
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