Louisiana Recording Law Summary:
Is Louisiana a One Party Consent State?
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, obtain, use or share communications, whether they are 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 if you are a contributor, or with prior consent from one of the involved parties. La. Rev. Stat. Ann. § 15:1303.
This state also forbids the recording or sharing obtained illegally under its video voyeurism laws. La. Rev. Stat. Ann. § 14:283.
You may not record, obtain, use or share 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.
Louisiana Video Recording Laws
In Louisiana, it is illegal to use a camera, videotape, unmanned aircraft equipped with an image recording device or any other image recording device to observe, photograph or film another person without consent for the following purposes:
- For a lewd or lascivious purpose.
- To record the intimate parts or sexual acts of a person when that person is identifiable and in a place where there is a reasonable expectation of privacy.
For example, it is illegal to record a video of a person who is using a restroom because that person has a reasonable expectation of privacy. La. Rev. Stat. Ann. § 14:283(a)(1)
For short-term rental structures, the owners or lessors of such structures are allowed to install or use surveillance cameras provided the following conditions are met:
- The camera is installed or used only in common areas, e.g., hallway.
- A sign with the following statement is posted: “NOTICE ELECTRONIC SURVEILLANCE EQUIPMENT HAS BEEN INSTALLED ON THESE PREMISES AND ALL ACTIVITIES IN COMMON AREAS ARE SUBJECT TO BEING RECORDED BY VIDEO.”
So for example, a landlord is not allowed to install a camera in areas that are not regarded as common areas, e.g., bathrooms, bedrooms, living rooms. La. Rev. Stat. Ann. § 21:61(B)(2)
NOTE: short-term rental structures as used in this section refers to buildings which may have previously been used as a one- or two-family dwelling but is now rented from the owner for a period not exceeding 29 days.
La. Rev. Stat. Ann. § 15:1303(B): Infractions against Louisiana’s eavesdropping law, either the recording or disclosure of communications without the required consent is subject to a $10,000 fine and a prison sentence of a maximum of 10 years of hard labor.
La. Rev. Stat. Ann. § 14:283(B)(1): Infractions against Louisiana’s video voyeurism law are subject to a court fine not exceeding $2000 or a prison sentence of a maximum of 2 years with or without hard labor, or both.
La. Rev. Stat. Ann. § 14:283(B)(2): Second or subsequent offenses under Louisiana’s voyeurism laws may lead to a fine not exceeding $2000 and imprisonment for 6 months to 3 years with hard labor and without parole, suspension of sentence or probation.
La. Rev. Stat. Ann. § 14:283(B)(3): Violation of Louisiana’s video voyeurism laws that constitutes observing, filming or photographing sexual acts or intimate parts of another person may lead to a fine not exceeding $10,000 and imprisonment for 1 year to 5 years with hard labor and without parole, suspension of sentence or probation.
La. Rev. Stat. Ann. § 14:283(B)(4): Video voyeurism that involves recording or observing a person who is under 17 years for sexual gratification or arousal purposes may lead to a fine not exceeding $10,000 and imprisonment for 2 year to 10 years without parole, suspension of sentence or probation.
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