Louisiana Recording Law
Louisiana recording law stipulates that it is a one party consent state. In Louisiana it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication.
This means that in Louisiana, you are legally allowed to record a conversation you take part in.
Recording Laws Unique to Louisiana
La. Rev. Stat. § 15:1303 – You are able to record any conversations that you are party to in Louisiana unless a criminal or tortious purpose exists. Breaking this law, either by recording or disclosing the contents of a private communication without consent can carry a fine of between 2 and 10 years.
La. Rev. Stat. § 15:1312 – If you are a victim of recording crime then you may claim civil damages. These damages are $100 for each day of violation up to a total of $1000 as well as any litigation costs, attorney fees, and punitive damages.
La. Rev. Stat. § 14:283 – If any type of hidden camera is used for ‘lewd or lascivious purpose’ then it is considered illegal.
Brown v. Brown, 877 So.2d 1228 (La. Ct. App. 2004) – In this case it was upheld that a wifes secretly recorded phone calls of her husband on her own telephone were not illegally intercepted, regardless of the intention for the use of these recordings, as she was party to the conversation.
You may not record conversations that you are not a part of without the consent of at least one party.
If you are a third party and require consent from the parties taking part in the conversation the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
- Getting verbal or written consent prior to the recording being made
- A verbal notification being played before the conversation begins (For example: “This phone call is being recorded for quality control purposes…”)
- An audible beep tone being repeated at steady intervals during the duration of the conversation