Oklahoma Recording Laws

Oklahoma Recording Law Summary:Oklahoma Recording Law

Is Oklahoma a One Party Consent State?

Oklahoma recording law stipulates that it is a one-party consent state. In Oklahoma, it is a criminal offense to use any device to record or share use 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 Oklahoma, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Okla. Stat. Ann. tit. 13, § 176.4 (West 2012).

Personal Conversations:

You may not record or share conversations that you are not a part of without the consent of at least one party.

However, Oklahoma law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy. Okla. Stat. Ann. tit. 13, § 176.2. This provision also makes it illegal for anyone to loiter near a building in an effort to eavesdrop on a conversation taking place within. Okla. Stat. Ann. tit. 21, § 1202.

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.

Oklahoma Video Recording Laws

It is illegal to secretly use any photographic, electronic or video equipment to watch, view, gaze or look upon another person when that person is in a place where there is a reasonable expectation of privacy without that person’s consent or knowledge for any illegitimate, prurient, lewd or lascivious purpose. For example, you are not allowed to point your security camera at your neighbor’s backyard because that is a place where he or she has a reasonable expectation of privacy. Okla. Stat. Ann. tit. 21, § 1171(B)

It is against the law to use any photographic, electronic or video equipment to watch, view, gaze or look upon and capture an image of the intimate parts of another person without the consent or knowledge of that person, regardless of whether that person is in a public or private place and in situations where a reasonable person would agree that such intimate parts are concealed from public view. Okla. Stat. Ann. tit. 21, § 1171(C)

Penalties:

Okla. Stat. Ann. tit. 13, § 176.3: Recording a conversation in violation of Oklahoma law is considered a felony.

Okla. Stat. Ann. tit. 21, § 1171(B): Illegally recording people when they have a reasonable expectation of privacy and disseminating materials obtained from such act is considered a felony punishable by imprisonment not exceeding 5 years or a fine not exceeding $5000 or both.

Okla. Stat. Ann. tit. 21, § 1171(C): Illegally recording the intimate parts of another person is considered a misdemeanor punishable by imprisonment not exceeding 1 year or a fine not exceeding $5000 or both.

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