Yes, Pennsylvania law mandates two-party consent for recording conversations under the Wiretapping and Electronic Surveillance Control Act (18 Pa. Cons. Stat. § 5703), requiring all parties to consent before any oral communication is intercepted. Violations may result in criminal penalties, civil lawsuits, and exclusion of recorded evidence in court. The Pennsylvania Attorney General’s Office enforces compliance, with recent 2026 amendments expanding penalties for non-compliance.
Key Regulations for Two-Party Consent Recording in Pennsylvania
- All-Party Consent Requirement: State law prohibits recording any oral communication without prior consent from all participants, including in-person conversations, phone calls, and electronic communications.
- Criminal Liability: Unauthorized recording constitutes a felony (up to 7 years imprisonment) and a misdemeanor (up to 1 year imprisonment) under 18 Pa. Cons. Stat. § 5703, with enhanced penalties for commercial or malicious use.
- Civil Remedies: Aggrieved parties may sue for damages (actual and punitive), injunctive relief, and attorney’s fees under 18 Pa. Cons. Stat. § 5725, with courts frequently excluding illegally obtained recordings as evidence.