Can I legally record a phone call or conversation in Pennsylvania?

Pennsylvania's Wiretap Act is among the most rigorously enforced two-party-consent regimes in the United States.

1. Consent Rule

18 Pa.C.S. § 5703 makes it a crime to intentionally intercept, endeavor to intercept, or disclose any wire, electronic, or oral communication without the prior consent of all parties. The Pennsylvania Supreme Court enforces the all-party requirement strictly.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 allows one-party consent. Pennsylvania's stricter rule applies in-state and to calls where one end is in Pennsylvania.

3. In-Person vs Electronic

"Oral communication" under § 5702 requires a justified expectation that the communication is not subject to interception. Commonwealth v. Henlen and Agnew v. Dupler require the expectation to be reasonable under the circumstances. Wire and electronic communications are protected regardless.

4. Cross-Border Calls

The Third Circuit and Pennsylvania courts generally apply Pennsylvania's stricter law when one party is in the Commonwealth. A Pennsylvanian recording a call from someone in a one-party state risks felony exposure.

5. Criminal Penalties

Violation of § 5703 is a third-degree felony — up to 7 years prison and $15,000 fine. Disclosure or use of illegally intercepted material is also a third-degree felony.

6. Civil Liability

18 Pa.C.S. § 5725 provides actual damages or $100 per day of violation (whichever is greater) up to $1,000 minimum, plus punitive damages, reasonable attorney fees, and litigation costs. Federal § 2520 adds parallel relief.

7. Exceptions

Law enforcement with court order under § 5708-§ 5712; one-party consent for investigative or law enforcement officers acting under § 5704(2); business telephone-extension; intercepting publicly broadcast communications; emergency situations.

8. Video / Surveillance

18 Pa.C.S. § 7507.1 (invasion of privacy) is a second-degree misdemeanor for videotaping a person in a state of undress without consent.

This is legal information, not legal advice.