Hidden Recording Device

[abt123]

What is the name of your state (only U.S. law)? TX

What are the laws regarding having hidden recording devices? Can someone bring a hidden recorder, like pen recorder, to work and record for purposes of recording harrasment or false allegations?

What about outside of employment. What are the laws regarding hidden recording for commercial reasons, like let's say you want to protect yourself from getting ripped off when purchasing a product or service?

 

[seniorjudge]

Eavesdropping is a crime in most states.

Google your state and tell us what you find out.

 

[msiron]

Look like you can do it but be careful.
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Texas Penal Code § 16.02:

So long as a wire, oral or electronic communication — including the radio portion of any cordless telephone call —

1. is not recorded for a criminal or tortious purpose, anyone who is a party to the communication,

2. or who has the consent of a party, can lawfully record the communication and disclose its contents.

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," Texas Code Crim. Pro. Art. 18.20.

Unlawful recording of a conversation, or disclosure of its contents with reason to know of the illegal interception, is a felony punishable by two to 20 years in prison and a fine not to exceed $10,000. Texas Penal Code § 12.33. A civil cause of action is expressly authorized for unlawful interception or disclosure. Texas Civ. Prac. & Rem. Code § 123.002. The plaintiff may be entitled to $10,000 for each occurrence, actual damages in excess of $10,000, punitive damages and attorney fees and costs. Texas Civ. Prac. & Rem. Code § 123.004.

 

[abt123]

Look like you can do it but be careful.
------------------
Texas Penal Code § 16.02:

So long as a wire, oral or electronic communication — including the radio portion of any cordless telephone call —

1. is not recorded for a criminal or tortious purpose, anyone who is a party to the communication,

2. or who has the consent of a party, can lawfully record the communication and disclose its contents.

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," Texas Code Crim. Pro. Art. 18.20.

Unlawful recording of a conversation, or disclosure of its contents with reason to know of the illegal interception, is a felony punishable by two to 20 years in prison and a fine not to exceed $10,000. Texas Penal Code § 12.33. A civil cause of action is expressly authorized for unlawful interception or disclosure. Texas Civ. Prac. & Rem. Code § 123.002. The plaintiff may be entitled to $10,000 for each occurrence, actual damages in excess of $10,000, punitive damages and attorney fees and costs. Texas Civ. Prac. & Rem. Code § 123.004.

Can the hidden recording pen include a camera as well, for the scenarios I described above? What about having hidden video camera on your property that takes images of the public street where your car is parked, to capture potential theft and other illegal activity?