Whether it’s a celebrity scandal or personal interest, of the most pervasive questions on legality is whether or not it’s actually legal to record a phone call in Texas. No matter why you may want to do so, you may be wondering if you’re breaking the law by recording a phone conversation.
The simple answer to this question is that Texas is a one-party consent state. In other words, no crime is being committed by an individual recording a phone call as long as one individual involved in the phone call itself agrees to be recorded. According to the law, the individual who gives consent to be recorded could either be the person doing the recording or someone else involved in the call.
This means that whoever does the recording could also be the person who gives consent to be recorded. You can legally record a phone conversation with someone else regardless of whether or not they know that a recording is taking place.
It is illegal to record a phone call in Texas without the consent of at least one party of a call. This is commonly referred to as wiretapping, which is illegal both locally and federally. Violating this law can cause you to face severe criminal penalties.
Additionally, releasing the contents of a recorded phone conversation if there had been a previous expectation of privacy between everyone involved is also illegal. Doing this can result in possible criminal charges of either slander or harassment.
In terms of penalties, recording a phone conversation without first obtaining consent from those who are involved in the conversation itself is considered to be a violation of Chapter 16.02 of the Texas Penal Code, which is a second degree felony. This is punishable by the following:
- Up to 20 years in state prison
- Up to $10,000 fine
A judge who is involved in the case may also choose to sentence additional restrictions as well, which could include supervised probation and/or community service.
According to the Texas Penal Code, there are a specific set of provisions that can be used as part of a defense for a wiretapping offense. For instance, a police officer looking to stop a life-threatening situation could end up avoiding prosecution if they decide to use a private phone conversation as a way to help them stop the situation. Furthermore, a defense attorney could argue that someone accused of illegally recording a phone conversation was really part of the conversation.
Regardless of the issue that may be involving a case of recording a phone conversation, as well as whether someone has committed a crime or not, it’s always a good idea to consult with an experienced attorney in order to ensure that all of your rights are being respected rather than violated.
Thank you for reading the legal news blog of The Law Office of Gabriella Young. Contacting an experienced attorney right when you are charged is incredibly important for the wellbeing of your case. We are an Austin, Travis County, and Williamson County criminal defense firm. Our jail release assistance is available 24/7. We are dedicated to our clients and their futures, and will handle your case with compassion and dedication!