Pennsylvania Recording Laws (2026 Guide)

Last Updated: January 2026 | Verified against current Pennsylvania Consolidated Statutes

Quick Answer

Pennsylvania is a strict two-party consent state. Under 18 Pa.C.S. § 5703, it is a third-degree felony to intentionally intercept, disclose, or use wire, electronic, or oral communications without consent from all parties. Civil damages include $100 per day or $1,000 minimum plus punitive damages and attorney’s fees.

Pennsylvania Recording Law Summary

Key Point	Answer
Consent Type	All-Party Consent
Can you record your own calls?	Only with consent from all parties
Must you inform others?	Yes – and obtain consent
Key Statute	18 Pa.C.S. § 5703
Criminal Penalty	Third-Degree Felony
Maximum Prison	Up to 7 years
Civil Damages	$100/day or $1,000 minimum + punitive + attorney fees

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Understanding Pennsylvania’s All-Party Consent Law

What the Law Prohibits

Under 18 Pa.C.S. § 5703, it is a felony to:

• Intentionally intercept any wire, electronic, or oral communication
• Procure another person to intercept such communications
• Intentionally disclose contents obtained through illegal interception
• Intentionally use contents knowing they were illegally obtained

What “All-Party Consent” Means

In Pennsylvania, you must obtain consent from every person involved in the conversation before recording. This applies to:

• Phone calls and voice communications
• In-person conversations
• Electronic communications
• Video calls with audio

The Legal Foundation

Pennsylvania’s wiretapping laws are found in Title 18, Chapter 57:

• § 5703 – Interception prohibited
• § 5704 – Exceptions to prohibition
• § 5725 – Civil remedies

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Recording Phone Calls in Pennsylvania

Can You Record Phone Calls in Pennsylvania?

Only with consent from all parties on the call. To legally record a phone call:

• Inform all parties at the beginning of the call
• Obtain explicit consent before recording
• If anyone declines, do not record
• Continuing without consent is a felony

Recording Calls Across State Lines

Pennsylvania’s strict rules are especially important for interstate calls:

• If you’re in Pennsylvania, you need all-party consent regardless of where the other person is
• Neighboring states like New York and Ohio are one-party consent – but PA law still applies to you
• New Jersey is also two-party consent
• When in doubt, get consent from everyone

Business Call Recording

Pennsylvania businesses recording customer calls must:

• Obtain consent from all parties before recording begins
• Provide clear notification (automated messages are common: “This call may be recorded”)
• Ensure callers understand and agree (continuing the call may constitute implied consent)
• Train employees on consent requirements

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Recording In-Person Conversations

When Is Recording Legal?

• When all parties consent to being recorded
• In settings where there is no reasonable expectation of privacy
• At public meetings, speeches, or events
• With proper law enforcement authorization

When Is Recording Illegal?

• Recording private conversations without all-party consent
• Using hidden devices to capture private communications
• Secretly recording conversations where privacy is expected

The Expectation of Privacy

Pennsylvania’s law protects “oral communications” – conversations where parties have a reasonable expectation of privacy. Public conversations where people know they could be overheard may not be protected.

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Pennsylvania Video Recording Laws

Video Surveillance

Pennsylvania’s wiretapping law primarily addresses audio interception:

• Silent video in public is generally permitted
• Video with audio requires all-party consent for the audio portion
• Hidden cameras capturing private audio are prohibited

Video Voyeurism

Separate laws prohibit:

• Recording in places where privacy is expected (bathrooms, changing rooms)
• Invasive recordings (upskirt/downblouse)
• Distribution of intimate images without consent

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Recording in the Workplace

Can You Record at Work in Pennsylvania?

Pennsylvania’s all-party consent rule applies in the workplace:

• You cannot secretly record conversations with coworkers or supervisors
• Recording meetings requires consent from all participants
• Company policies may also prohibit recording
• Violation can result in both criminal charges and termination

Employer Monitoring

Employers may monitor workplace communications if:

• All employees are informed and consent
• Monitoring policies are clearly communicated
• Business extension exception may apply to some monitoring

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Recording Police in Pennsylvania

Can You Record Police Officers in Pennsylvania?

Yes, with considerations. The First Amendment protects your right to record police officers performing their duties in public. However:

• Audio recording technically falls under Pennsylvania’s wiretapping law
• Courts have generally upheld the right to record police in public
• Open, visible recording is strongly recommended
• Don’t interfere with police activities
• Be aware that PA’s strict law could technically apply to audio

Recording Public Meetings

Pennsylvania’s Sunshine Act requires government meetings to be public. Recording at public meetings is generally permitted as there is no expectation of privacy.

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Law Enforcement Exceptions

One-Party Consent for Law Enforcement

Under § 5704, law enforcement may use one-party consent under specific circumstances:

• Requires review by Attorney General, deputy AG, or district attorney
• Must confirm consent is voluntary
• Requires prior approval
• This exception does NOT apply to private citizens

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Penalties for Illegal Recording in Pennsylvania

Criminal Penalties

Offense	Classification	Maximum Penalty
Illegal interception	Third-Degree Felony	Up to 7 years prison
Illegal disclosure	Third-Degree Felony	Up to 7 years prison
Illegal use	Third-Degree Felony	Up to 7 years prison

Civil Liability

Under 18 Pa.C.S. § 5725, victims may sue for:

• Actual damages OR liquidated damages of $100 per day (minimum $1,000)
• Punitive damages
• Reasonable attorney’s fees and litigation costs

Note: Sovereign immunity is waived – state employees can be sued for violations.

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Frequently Asked Questions

Is Pennsylvania a two-party consent state?

Yes. Pennsylvania requires consent from all parties before recording any wire, electronic, or oral communication.

Can I record a phone call in Pennsylvania without telling the other person?

No. Recording without consent from all parties is a third-degree felony.

Can I secretly record a conversation in Pennsylvania?

No. Secret recording of private conversations is a felony.

What are the penalties for illegal recording in Pennsylvania?

Third-degree felony (up to 7 years prison) and civil liability of $100/day or $1,000 minimum plus punitive damages.

Can I record my employer in Pennsylvania?

Only with consent from all parties to the conversation. Secret recording is illegal.

Can I record police in Pennsylvania?

Yes, First Amendment protections apply, though open/visible recording in public is recommended due to PA’s strict wiretapping law.

If I call someone in another state, which law applies?

If you’re in Pennsylvania, PA’s all-party consent law applies to you regardless of where the other person is located.

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Related Pennsylvania Laws

• Pennsylvania Whistleblower Laws
• Pennsylvania Hit and Run Laws
• Pennsylvania Sexting Laws
• Pennsylvania Child Support Laws

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Sources and Legal References

Source	Link
18 Pa.C.S. § 5703	PA Legislature
18 Pa.C.S. § 5704	PA Legislature
Title 18 Chapter 57 (Justia)	Justia

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Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Pennsylvania has strict recording laws with serious felony penalties. If you have questions about recording in Pennsylvania, consult with a licensed Pennsylvania attorney.

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Two-Party Consent States Reference

Pennsylvania has one of the strictest recording laws in the country with felony penalties.

State	Key Statute
California	Cal. Penal Code § 632
Connecticut*	Conn. Gen. Stat. § 52-570d
Delaware*	11 Del. C. § 1335 / § 2402
Florida	Fla. Stat. § 934.03
Illinois	720 ILCS 5/14-2
Maryland	Md. Code, Cts. & Jud. Proc. § 10-402
Massachusetts	Mass. Gen. Laws ch. 272, § 99
Michigan*	MCL 750.539c
Montana	MCA 45-8-213
New Hampshire	RSA 570-A:2
Oregon*	ORS 165.540
Pennsylvania	18 Pa.C.S. § 5703
Washington	Wash. Rev. Code § 9.73.030

*Connecticut has different rules for phone vs. in-person. Delaware has conflicting statutes. Michigan courts have created a participant exception. Oregon has one-party consent for calls.

One-Party Consent States

Most other states follow one-party consent rules. See our One-Party Consent States Guide for details.