Can I legally record a phone call or conversation in Louisiana?
Louisiana's Electronic Surveillance Act follows the federal one-party consent rule.
1. Consent Rule
La. Rev. Stat. § 15:1303(A) prohibits intentionally intercepting, endeavoring to intercept, or procuring interception of wire, electronic, or oral communications. § 15:1303(C)(4) exempts a person who is a party to the communication or who has obtained the prior consent of one party — establishing one-party consent.
2. Federal Overlay
Federal Wiretap Act 18 U.S.C. § 2511 mirrors Louisiana's one-party standard.
3. In-Person vs Electronic
"Oral communication" under § 15:1302(15) requires expectation that the communication is not subject to interception. Wire and electronic communications protected regardless.
4. Cross-Border Calls
When the other party is in an all-party state (FL, CA, IL, MA, MD, PA, WA), the stricter state's law may apply. Louisianans should disclose recording when calling those states.
5. Criminal Penalties
Violation of § 15:1303 is a felony — 2 to 10 years imprisonment at hard labor and a fine up to $10,000. Disclosure or use of illegally intercepted material is also a felony.
6. Civil Liability
La. Rev. Stat. § 15:1312 provides civil action for actual and punitive damages, $100/day or $1,000 whichever is greater, reasonable attorney fees, and litigation costs. Federal § 2520 provides parallel relief.
7. Exceptions
Party consent or one-party consent; law enforcement under court order under § 15:1308; service provider monitoring; FCC-authorized interception; recording not for criminal or tortious purpose; emergency response.
8. Video / Surveillance
La. Rev. Stat. § 14:283 (video voyeurism) is a felony — fines of $1,000 to $10,000 and up to 5 years imprisonment (15 years if victim is under 17).
This is legal information, not legal advice.
- Recorded a call where the other party was in an all-party consent state
- Charged with felony under § 15:1303 for non-party interception
- Recording at issue in Louisiana family, custody, or protective-order proceedings
- La. Rev. Stat. § 15:1302
- La. Rev. Stat. § 15:1303
- La. Rev. Stat. § 15:1308
- La. Rev. Stat. § 15:1312
- La. Rev. Stat. § 14:283
- 18 U.S.C. § 2511
- 18 U.S.C. § 2520
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.