18 Pa. Cons. Stat. §§ 5703, 5704: It is a felony to intercept any wire,
oral or electronic communication without the consent of all participants.
It also is a felony to disclose or use the contents of a communication
when there is reason to know those contents were obtained through an
Under the statute, consent is not required for the taping of a
non-electronic communication uttered by a person who does not have a
reasonable expectation of privacy in that communication. See
definition of "oral communication," 18 Pa. Cons. Stat. § 5702.
A trial court has held that a communication protected by the
legislation is one in which there is an expectation that it will not be
recorded by any electronic device, rather than one in which there is a
general expectation of privacy. Thus, the fact that a participant may
believe he will have to reveal the contents of a communication, or that
other parties may repeat the contents, does not necessarily mean that he
would have expected that it would be recorded, and it is the expectation
that the communication would not be recorded that triggers the wiretapping
law's protections. Pennsylvania v. McIvor, 670 A.2d 697 (Pa. Super.
Ct. 1996), petition for appeal denied, 692 A.2d 564 (Pa. 1997).
Anyone whose communication has been unlawfully intercepted can recover
actual damages in the amount of $100 per day of violation or $1,000,
whichever is greater, and also can recover punitive damages, litigation
costs and attorney fees. 18 Pa. Const. Stat.§ 5725.
A person commits a misdemeanor if he views, photographs or films
another person in a state of full or partial nudity without consent, under
circumstances where the nude person has an expectation of privacy.18 Pa.
Const. Stat.§ 7507.1.