Pennsylvanians have a right to privacy. They also have a right to keep their properties safe. Sometimes, that means keeping tabs on their properties via surveillance cameras.
It's also important to remember we live in the digital age. Everyone has a phone in their pocket now. Because it's easier than ever to capture video footage of virtually any day-to-day subject, it may also be easier than ever to do so in a way that violates someone's rights.
Are hidden cameras legal in Pennsylvania? That depends. Although there are circumstances where it's legal to record someone on video without necessarily obtaining their direct consent, in many instances, recording someone via a hidden camera is illegal in the Commonwealth.
Have you been charged with allegedly filming someone without their permission in Pennsylvania? If so, the LLF Law Firm Criminal Defense Team is available to protect your rights. Find out what we can do for you by calling our offices today at 888-535-3686 or submitting your information through our confidential online contact form.
Are Surveillance Cameras Permitted in Pennsylvania?
Under Pennsylvania law, private property owners can place surveillance cameras throughout their properties to monitor them. It is entirely legal for a homeowner to use surveillance cameras to keep an eye on their property in many locations. Similarly, an employer or private property owner can use surveillance cameras to monitor the workplace.
There are limitations to this freedom. It's illegal to install hidden security cameras in areas where someone might have a reasonable expectation of privacy. For example, a homeowner can't install a hidden camera in a bathroom to secretly record guests in an area where privacy should be expected.
These types of nuances can complicate hidden camera cases in Pennsylvania. Sometimes, there's a gray area where it's unclear whether someone was exercising their legal right to protect their property when they hid surveillance cameras in certain locations.
That's why it's critical to have representation from lawyers who understand the legal nuances of these types of cases when you're charged with a hidden camera crime. At the LLF Law Firm, our Criminal Defense Team is prepared to offer the defense you need now.
Legal Information About Recording Private Conversations in Pennsylvania
The law in Pennsylvania generally states that someone needs to obtain someone's permission to record a private conversation. That's not to say they need to ask for and receive verbal or written consent from every party every time they want to record a private interaction.
Courts in Pennsylvania have ruled that obtaining consent in situations where a person may reasonably assume that they're being recorded is unnecessary. For example, if a jail or prison inmate is speaking with a visitor while knowing that such conversations may be monitored, they may have difficulty proving their rights were violated.
It's also worth noting that the law requiring someone to obtain consent before recording a private conversation generally only applies in environments and situations when someone would have a reasonable expectation of privacy. In public, the requirement may not apply. Similarly, the law makes various exceptions for members of law enforcement agencies and other such government agencies who may record private conversations for legitimate purposes.
Be aware that Pennsylvania law requires someone to obtain the consent of all parties to record both their video and audio. Even if someone isn't the primary participant in a conversation, if they're nevertheless part of a private conversation in an environment where they'd have a reasonable expectation of privacy, their consent is required before someone can record the conversation.
Penalties for Recording a Private Conversation Without Permission in Pennsylvania
Pennsylvania law is very strict in regard to cases involving recording personal conversations without consent (and sharing those recordings with other parties). Someone convicted of such a crime may be found guilty of a felony of the third degree in Pennsylvania.
Penalties for a felony of the third degree in Pennsylvania may include:
- A minimum fine of $2,500
- A maximum fine of $15,000
- Up to seven years in prison
- A sentence involving a combination of fines and prison
You need a strong legal defense if you've been charged with illegally recording a private conversation via a hidden camera (or any similar means) in Pennsylvania. That's precisely what the LLF Law Firm Criminal Defense Team offers.
You Don't Have to Be the One Who Recorded the Content to Commit a Felony
The above information generally pertains to cases in which someone actively records a private conversation without getting the permission of all involved parties first. However, it's also worth noting that someone may face charges simply for sharing this type of content, even if they're not the one who originally filmed it.
Perhaps someone receives a video of a private conversation and shares it with others. Did they know the video was obtained illegally? Or do they have good reason to believe the conversation was recorded without the parties' consent? If so, but they shared or disclosed the content regardless, they may also be charged with a felony of the third degree.
The main point to understand is that those who illegally record various types of content with hidden cameras aren't the only ones who could get in legal trouble. Anyone who shares or even views content they know or suspect was recorded illegally may also be charged.
Making Pornographic Recordings Without Consent is Illegal in Pennsylvania
Pennsylvania does have a hidden camera law prohibiting anyone from making pornographic or similar videos via hidden cameras. A violation occurs when someone engages in any of the following for the purposes of gratifying their sexual desire or that of anyone else:
Records someone in a total or partial state of nudity in an environment where they would have a reasonable expectation of privacy.
- Records the intimate parts of a person, whether covered by clothing or not, without their consent in an environment where they would have a reasonable expectation of privacy.
- Shares any image, video, or other such recording obtained in the above ways with others.
The law also states that someone may be charged with multiple violations if they record multiple individuals without their consent, even if they recorded all those individuals at the same time. Similarly, if someone records the same person without their consent multiple times, they may face a charge for every time they made such a recording.
Penalties for Violating Pennsylvania's Invasion of Privacy Law
Recording someone in the above ways without their consent represents an invasion of privacy under Pennsylvania law. If someone is only charged with a single violation, the violation is a third-degree misdemeanor. It becomes a misdemeanor of the second degree if there are multiple violations.
Penalties someone may face for a misdemeanor of the third degree in Pennsylvania are:
- A minimum fine of $2,500
- Up to a year in prison
For a misdemeanor of the second degree, penalties may include:
- A maximum fine of $5,000
- Up to two years in prison
At the LLF Law Firm, our Criminal Defense Team reminds those facing invasion of privacy charges that the above penalties aren't the only consequences they could face if convicted. If they're convicted of making pornographic or sexual recordings of someone without their permission, federal law might also require them to register as a sex offender for a period of time.
How Megan's Law Applies to Pennsylvania Hidden Camera Cases
Someone convicted of the above type of invasion of privacy under Pennsylvania law is also classified as a Tier 1 offender under Megan's Law. This is the federal law designed to ensure the public can access information about sex offenders, particularly those who may be neighbors.
Someone who's classified as a Tier 1 offender under Megan's Law will need to register as a sex offender for a period of 15 years. They will also need to appear at a registration or verification site annually to confirm they remain registered.
The consequences of needing to register as a sex offender can be significant. Naturally, if someone has to alert their neighbors to the fact that they're a registered sex offender, they may have difficulty forming new personal relationships or gaining the trust of those around them. Their existing personal relationships may also suffer as those around them learn of their conviction and status.
Registering as a sex offender can also prevent someone from obtaining certain jobs or taking advantage of certain volunteer opportunities. If they're ever involved in a child custody dispute, being a registered sex offender is a factor that could significantly influence the outcome of said dispute. It can also provide an ex with justification to request modifying an existing custody order.
Take the matter seriously if you've been charged with this type of violation in Pennsylvania. Don't assume you'll get lenient sentencing. Even if the judge only orders you to pay a relatively small fine, you might nevertheless have to register as a sex offender, limiting your future in various ways for over a decade.
Make sure you're taking proper steps to defend yourself in these circumstances. By hiring the LLF Law Firm Criminal Defense Team, you'll experience the peace of mind that comes from knowing lawyers with experience handling cases like yours are on your side.
Potential Defenses in a Pennsylvania Invasion of Privacy Case or Illegal Recording Case
Anyone who's been charged with invasion of privacy or illegally recording a private conversation in Pennsylvania should trust their attorney to handle their defense. Attempting to defend yourself in these circumstances will make the situation worse.
There are numerous ways a lawyer may defend someone accused of invasion of privacy. The following are just a few common examples:
- Consent: Someone is only guilty of invasion of privacy if their victim didn't consent to being recorded. The alleged victim may need to prove no consent was given to show why a conviction is warranted. Lawyers may argue an alleged victim has failed to meet the burden of proof if they can't provide enough evidence to show a lack of consent. On the other hand, attorneys may gather and present evidence (such as text messages, emails, etc.) indicating consent was given.
- The recording was made for different purposes: Another element of the invasion of privacy crime in Pennsylvania is the sexual gratification element. The alleged victim must also show that they were recorded without their consent for the purposes of gratifying someone's sexual desire. It may be possible to show that a recording was made for other purposes.
- The nature of the recording is in question: Not all video recordings clearly depict their subjects. It's sometimes possible that a video that appears to show nudity or intimate parts doesn't actually feature this type of content. When possible, attorneys may consider questioning the nature of the recordings and whether they depict what the prosecution claims they depict. There can also be debate over what constitutes nudity in these cases.
- The law enforcement exception applies: Again, Pennsylvania law makes exceptions in instances when members of law enforcement agencies may have valid reasons to record subjects without their permission. Lawyers may employ this defense if someone accused of invasion of privacy is or was a member of law enforcement at the time of the alleged violation.
- No reasonable expectation of privacy: Another defense often employed in these cases involves arguing that a recording was made in an environment where an individual didn't have a reasonable expectation of privacy. For instance, perhaps someone decided to go "skinny-dipping" in the backyard pool of a friend or family member they were visiting, not realizing they were being recorded by home surveillance cameras. As has already been explained, this is a circumstance in which the individual should not expect privacy. The outdoor areas of a person's private property are virtually never areas where guests should expect to be free from monitoring.
- It was unknown the material was obtained without consent: This overview has already touched on the fact that someone could get in trouble for sharing (and in some cases, even accessing) video content when they knew or had reason to believe it was illegally obtained without consent. However, lawyers may argue that a client facing charges for this crime was unaware the content was obtained illegally at the time they shared it.
- The recording was obtained accidentally: Cameras are everywhere in the digital age. That means it's possible for someone to actively record someone while not realizing they're doing so. For example, maybe someone accidentally leaves their webcam on in their bedroom while they are broadcasting to others online. Maybe, because they forgot they left their camera on, they captured someone in a partial or full state of nudity who didn't realize a video of them was being recorded and/or transmitted. Although it's very important to vigilantly strive to guard against such unintentional invasions of privacy, when they occur, lawyers can sometimes argue that video footage obtained illegally resulted from human error and not malicious intent.
- The camera wasn't hidden: Legal questions can arise when someone didn't verbally consent to being filmed but should have known they were because the camera recording them wasn't hidden. Additionally, there may have been signage or other indicators meant to draw their attention to the camera.
The defense lawyers employed in Pennsylvania invasion of privacy cases might also serve to reduce the charges or indicate why lenient sentencing is warranted. For example, perhaps someone faces a misdemeanor of second-degree charges because they allegedly recorded multiple parties without their consent or recorded the same party multiple times. A lawyer's strategy in this case might involve arguing that only a single violation occurred.
Or, the charges and penalties an attorney's client faces may be significant because they've been accused of recording someone without their consent and transmitting the recording to others. A lawyer could potentially show how the recording was never transmitted, which might guard against more serious penalties.
We at the LLF Law Firm Criminal Defense Team strive to tailor our services to the unique needs of every client. The above are just some of the ways we may defend someone accused of invasion of privacy. If you've been charged with this crime, the sooner you hire us, the sooner we can begin working on a defense strategy based on the specific details of your case.
What Not to Do if You've Been Charged with a Hidden Camera Crime in Pennsylvania
Whenever you're charged with any crime, there are certain mistakes you should always guard against, regardless of the specific charges you face. They include:
- Speaking to the police without your lawyer
- Lying to the police
- Discussing the case socially
- Posting about the case on social media
- Ignoring the charges and hoping the situation "just resolves itself"
- Attempting to handle the case on your own
Certain errors are specific to hidden camera cases that you might make if you didn't have proper legal assistance to help you navigate these matters. The following are examples of what you should NOT do if you've been charged with a hidden camera crime in Pennsylvania:
- Potentially destroying evidence: In some hidden camera and invasion of privacy cases, law enforcement finds evidence because it was posted online. Upon being charged, in a panic, you might attempt to delete the incriminating content and any additional content you believe the cops haven't found yet. Don't make this mistake! Doing so could be seen as an attempt to destroy evidence.
- Contacting anyone involved in creating or distributing the content in question: You may already know that you should never attempt to contact your alleged victim when charged with a crime. Both law enforcement and the courts rarely look kindly on this, often interpreting it as an attempt to intimidate an alleged victim. However, you also shouldn't contact anyone else who may have been involved in filming, sharing, or even viewing the alleged video content that triggered your arrest.
- Sharing additional illegal recordings: Once more, it's not always clear whether a hidden camera or invasion of privacy law has been broken. In some circumstances, you might find yourself under arrest for filming video content that you didn't know was illegal. For example, maybe you installed a camera in an area where you didn't realize guests should have a reasonable expectation of privacy. You might feel the urge to cooperate with the police in these circumstances by sharing any other such recordings you might have that the police may not know about. Although your intentions are good, admitting to additional violations, even if you didn't realize they were violations, will not benefit your case in any way.
Navigating a criminal case is challenging for anyone. It's particularly intimidating if you've never been in legal trouble before.
You're not alone right now. By allowing lawyers with the LLF Law Firm's Criminal Defense Team to handle your case, you'll be less likely to make the types of mistakes that could jeopardize the outcome.
Contact the LLF Law Firm for Help With Your Hidden Camera Case
There isn't just one type of hidden camera case that can arise in Pennsylvania's criminal justice system. Depending on the specific violation you've been charged with, the penalties you face may range from fines to more than half a decade in prison. On top of that, you might have to register as a sex offender if you're found guilty of making nude or sexual recordings of someone without their permission via hidden camera.
We don't make these points to frighten you. We make these points to ensure you thoroughly understand the significance of the charges you face.
You don't have to face them alone. At the LLF Law Firm Criminal Defense Team, you'll find qualified attorneys prepared to offer the representation you need right now. Learn more about what we can do for you by submitting your information through our online contact form or calling us at 888-535-3686 today.