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| Oklahoma Law Information, opinions and debate on the Oklahoma litigation system. |
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I saw a thread/news story about a young guy in another state who was in trouble for filming a police officer during a traffic stop.
The resulting discussion was very interesting. What I am wondering is... ...in Oklahoma, is it against the law to record someone without their knowledge on the phone? I know many businesses do this... usually large companies with phone systems that tell you "This call may be monitored or recorded for training purposes"... or something else to that effect. I assume that it is legal when we are warned. Is it legal to do it WITHOUT the warning? Thanks, Wheatland |
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Okla. Stat. tit. 13, § 176.4: Anyone who is a party to a wire, oral or electronic communication or who has obtained consent from a party can lawfully record or disclose the contents of that communication, so long as he does not do so in furtherance of a criminal act.
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," Okla Stat. tit. 13, § 176.2. Unlawful recording or disclosure is a felony punishable by a fine of not less than $5,000 and jail time not to exceed five years. Okla. Stat. tit. 13, § 176.3. Oklahoma law also makes it a misdemeanor to secretly loiter about a building with intent to hear discourse therein and repeat or publish it. Okla. Stat. tit. 21, § 1202. Oklahoma Public Legal Research System |
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