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Louisiana Recording Laws (2026): One-Party Consent Rules

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 9, 2026. · 24 primary sources cited on this page. How we verify our legal content

Louisiana Recording Laws (2026): One-Party Consent Rules

Frequently Asked Questions

Is Louisiana a one-party or two-party consent state?

Louisiana is a one-party consent state under La. R.S. § 15:1303(C)(4). A party to a wire, electronic, or oral communication may record without notifying anyone else. The one-party defense is lost if the recording is made to commit a criminal, tortious, or any other injurious act (language broader than federal ECPA). Louisiana remains one-party. Act 965 of the 2026 Regular Session (formerly HB 410), effective August 1, 2026, adds a separate civil-only notice requirement, but only for wearable eyeglass recording devices such as smart glasses, and does not change the wiretap statute.

Is recording someone without consent in Louisiana a felony?

Yes, when unlawful. La. R.S. § 15:1303(B) makes illegal interception of wire, electronic, or oral communications a felony carrying 2 to 10 years at hard labor and a fine up to $10,000. Hard labor is mandatory upon conviction. This is the harshest baseline wiretap penalty among one-party consent states.

What can I sue for if someone illegally recorded me in Louisiana?

La. R.S. § 15:1312 provides actual damages, a liquidated damages floor of $100 per day or $1,000 (whichever is greater), punitive damages, and reasonable attorney fees and litigation costs. Good-faith reliance on a court order is a complete defense. The civil limitations period is not defined in the statute; Louisiana's general delictual prescription likely applies, which La. C.C. art. 3493.1 now sets at two years for claims arising after July 1, 2024. The one-year art. 3492 was repealed by Acts 2024, No. 423.

Is the Louisiana 25-foot police buffer zone currently in effect?

No. La. R.S. § 14:109 was preliminarily enjoined on January 31, 2025 by Judge deGravelles in Verite News v. Murrill (M.D. La.) on Fourteenth Amendment vagueness grounds. The State's Fifth Circuit appeal is pending; the statute is on the books but unenforceable statewide.

Can I legally film a police officer during a Louisiana traffic stop?

Yes, subject to reasonable time, place, and manner restrictions. The Fifth Circuit held in Turner v. Driver, 848 F.3d 678 (5th Cir. 2017), that the First Amendment protects filming officers performing their duties in public. The 25-foot buffer zone law is currently enjoined and unenforceable. Avoid physically interfering with police operations and obey lawful orders to step back where those orders do not require giving up the right to film.

Will Louisiana become a two-party or notice-required state because of HB 410?

No. HB 410 became Act 965 of the 2026 Regular Session, effective August 1, 2026. It creates a civil-only notice requirement, but only for a person who uses a wearable eyeglass recording device (smart glasses) to record a direct conversation, with broad exceptions; it does not amend La. R.S. § 15:1303 and does not create a criminal offense. Louisiana remains a one-party consent state for purposes of the wiretap statute, and ordinary phone or handheld-recorder use is not covered by Act 965.

Can I record my boss or an HR meeting in Louisiana without telling them?

Under Louisiana criminal law, yes, if you are a participant in the meeting. La. R.S. § 15:1303(C)(4) authorizes recording by a party to the conversation. Two cautions: your employer's internal no-recording policy may result in discipline even if the recording is lawful, and under NLRB Stericycle, Inc., 372 NLRB No. 113 (2023), blanket no-recording rules are presumptively unlawful for NLRA-covered employers but a narrowly tailored rule can be enforced.

Are Ring doorbells and nanny cams legal in Louisiana?

Generally yes. A Ring camera covering a public-facing porch or driveway does not satisfy La. R.S. § 14:283's reasonable-expectation-of-privacy and lewd-or-lascivious-purpose elements. A nanny cam in a common area of the owner's home is generally lawful. Cameras in bathrooms, guest bedrooms, or other private areas can violate La. R.S. § 14:283 if a lewd purpose is present and support an invasion-of-privacy tort claim regardless.

Updates

Corrected the enactment credit for the Louisiana Electronic Surveillance Act to Acts 1985, No. 859 (effective July 23, 1985), as amended through Acts 2012, No. 727, and fixed the docket number for Verite News v. Murrill in the changelog to No. 3:24-cv-00623-JWD-SDJ so it matches the court order and the rest of the page.

Updated Louisiana's smart-glasses recording-notice law (HB 410) from pending to enacted: it became Act 965, effective August 1, 2026, and applies only to wearable eyeglass recording devices such as smart glasses, not phones or other recorders as the page previously said. Also fixed two Public Records Act citation links that pointed to unrelated statutes and corrected a federal FCC docket citation.

Independently fact-checked against the cited primary sources

Governing law re-checked for recent changes

Corrected the La. R.S. 40:2551 body-worn-camera claim: the statute's own text requires only an activation/deactivation policy, not retention or disclosure (those are covered separately by the Public Records Act, already cited on the page); also fixed the citation's dead legis.la.gov document-ID link.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Restructured page for readability: condensed 8,000-word dense text into core sections (in-person, phone, hidden cameras, penalties, police, special topics), retained every verified statute and case, added at-a-glance table and in-depth links index. KEY CORRECTION: Updated HB 410 status. The bill passed both chambers June 1, 2026 (enrolled, signed by Speaker, 62-27 House concurrence in Senate amendments) and is now awaiting the Governor's signature; the prior page described it as 'pending only / not yet enacted.' HB 410 creates a civil-only notice requirement for in-person recording separate from La. R.S. 15:1303 and does NOT make Louisiana a two-party consent state. All other load-bearing facts verified against primary sources: La. R.S. 15:1303(B) (2 to 10 years at hard labor + $10,000 confirmed), 15:1303(C)(4) injurious-act carveout confirmed, 15:1312 civil floor confirmed, 14:283 four-tier schedule confirmed (B)(1)-(B)(4), Verite News v. Murrill injunction still in force and Fifth Circuit appeal still pending.

Refreshed for 2026 with a Louisiana-first audit. Anchored La. R.S. 15:1303(G) at 2 to 10 years at hard labor plus a fine up to $10,000, the harshest baseline wiretap penalty among one-party consent states. Quoted La. R.S. 15:1303(C)(4) verbatim and explained that Louisiana's carveout reaches a 'criminal,' 'tortious,' OR 'any other injurious act,' broader than the federal floor at 18 U.S.C. § 2511(2)(d). Restated La. R.S. 15:1312 civil floor precisely: actual damages but not less than liquidated damages of $100 per day OR $1,000, whichever is greater, plus punitive damages, plus reasonable attorney fees and other litigation costs, with good-faith reliance on a court order as a complete defense. Presented La. R.S. 14:283 video voyeurism in all four (B)(1) through (B)(4) penalty tiers with element triggers; kept La. R.S. 14:283.1 voyeurism and La. R.S. 14:283.2 NCII as distinct offense families. Added a dedicated H2 for La. R.S. 14:108.4 (2024 La. Act 259 / HB 173, the 25-foot police buffer zone) and corrected the prior baseline 'Reynolds v. New Orleans Police' caption, which was fabricated. The verified case is Deep South Today, d/b/a Verite News, et al. v. Murrill, No. 3:24-cv-00591 (M.D. La. Jan. 31, 2025), Judge John W. deGravelles, with plaintiffs Deep South Today (Verite News), TEGNA Inc., Scripps Media Inc., Nexstar Media Inc., Gray Local Media, Inc., and Gannett Co., and defendants Louisiana Attorney General Liz Murrill, Louisiana State Police Superintendent Robert Hodges, and East Baton Rouge Parish District Attorney Hillar C. Moore III. The preliminary injunction rests on Fourteenth Amendment vagueness primarily; First Amendment newsgathering harm appears in the irreparable-harm analysis only. The State filed a notice of appeal to the U.S. Court of Appeals for the Fifth Circuit in early March 2025; as of May 10, 2026, the Fifth Circuit has not issued a published merits ruling, and the preliminary injunction remains in force. Documented 2023 La. Act 457 (SB 175 of 2023 Regular Session), signed by Governor John Bel Edwards on June 28, 2023, effective August 1, 2023, codifying La. R.S. 14:73.13 (deepfakes, three offense tiers culminating at 10 to 30 years at hard labor and a fine up to $50,000) and La. R.S. 14:73.14 (AI-generated images of identifiable adults). Flagged HB 410 (2026 Regular Session, by Rep. Schlegel) as pending only, not enacted; verified against legis.la.gov. Added Turner v. Driver, 848 F.3d 678 (5th Cir. 2017), as the controlling Fifth Circuit record-the-police precedent. Anchored State v. Reeves, 427 So.2d 403 (La. 1982), as the Louisiana Supreme Court constitutional anchor for one-party consent (reporter cite only). Reframed NLRB General Counsel Memorandum 25-05 (Feb. 14, 2025) as a housekeeping rescission of prior General Counsel memoranda, not a Boeing-era reinstatement at the Board level; Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023), remains binding Board precedent. Added TAKE IT DOWN Act, Pub. L. No. 119-12 (signed May 19, 2025), with platform 48-hour notice-and-takedown effective May 19, 2026 (9 days from this verification date). Confirmed FCC 24-17 in force, FCC 24-24 vacated by the Eleventh Circuit in Insurance Marketing Coalition Ltd. v. FCC, No. 24-10277 (11th Cir. Jan. 24, 2025), mandate issued April 30, 2025, and 47 C.F.R. § 64.501 removed effective November 20, 2017. Replaced commercial-codifier URLs with legis.la.gov, lasc.org, ca5.uscourts.gov, uscode.house.gov, fcc.gov, and nlrb.gov. Future refreshes should re-check ca5.uscourts.gov, legis.la.gov, and the RCFP litigation tracker for any post-May-2026 disposition of Verite News v. Murrill and any change to HB 410's status.

Refreshed for 2026 with a Louisiana-first audit. Anchored La. R.S. 15:1303(B) at 2 to 10 years at hard labor plus a fine up to $10,000. Quoted La. R.S. 15:1303(C)(4) verbatim including the injurious-act carveout. Restated La. R.S. 15:1312 civil floor. Presented La. R.S. 14:283 in all four (B)(1) through (B)(4) penalty tiers. Added a dedicated H2 for La. R.S. 14:109 (2024 La. Act 259 / HB 173, the 25-foot police buffer zone) and documented Verite News v. Murrill, No. 3:24-cv-00623-JWD-SDJ (M.D. La. Jan. 31, 2025). Documented 2023 La. Act 457 (La. R.S. 14:73.13 deepfakes and La. R.S. 14:73.14 AI-generated images). Flagged HB 410 as pending only at that date. Added Turner v. Driver, 848 F.3d 678 (5th Cir. 2017), State v. Reeves, 427 So.2d 403 (La. 1982), Stericycle NLRB precedent, and TAKE IT DOWN Act (Pub. L. No. 119-12, signed May 19, 2025).

Added wearable recording device guidance covering AI voice recorders (Plaud) and smart glasses (Meta Ray-Bans) under Louisiana one-party consent law.

Sources and References

  1. legis.la.gov.gov
  2. legis.la.gov.gov
  3. legis.la.gov.gov
  4. legis.la.gov.gov
  5. legis.la.gov.gov
  6. legis.la.gov.gov
  7. legis.la.gov.gov
  8. legis.la.gov.gov
  9. legis.la.gov.gov
  10. legis.la.gov.gov
  11. La. R.S. 40:2551 - Use of Body-Worn Cameras (Louisiana State Legislature)(legis.la.gov).gov
  12. La. R.S. 44:1 - Public Records, General Definitions(legis.la.gov).gov
  13. legis.la.gov.gov
  14. rcfp.org
  15. ca5.uscourts.gov.gov
  16. uscode.house.gov.gov
  17. nlrb.gov.gov
  18. nlrb.gov.gov
  19. nlrb.gov.gov
  20. congress.gov.gov
  21. docs.fcc.gov.gov
  22. media.ca11.uscourts.gov.gov
  23. ecfr.gov.gov
  24. justice.gov.gov
  25. legis.la.gov.gov
  26. Deep South Today d/b/a Verite News v. Murrill, Civil Action No. 24-623-JWD-SDJ, Ruling and Order (M.D. La. Jan. 31, 2025) (preliminary injunction against La. R.S. 14:109)(rcfp.org)
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