Today, conversations and telephone calls can be easily and discreetly recorded. Have you ever wondered if it is legal to record a telephone conversation in Wisconsin? Here is some helpful information to answer that question.
Wisconsin Recording Law
Wisconsin a “one-party consent state”.
Wis. Stat. § 968.31 provides that, “it is a felony to record an oral or telephone communication without the consent of at least one party, or with the intention of committing a crime or a tort. Illegal recording may also give rise to civil liability.” (emphasis added).
In Wisconsin, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wisconsin, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wis. Stat. Ann. § 968.31 (West 2011).
Personal Conversations
You may not record or share conversations that you are not a part of without the consent of at least one party.
However, Wisconsin law does make an exception in cases where the person or people communicating are doing so in an environment where they should not be under the expectation of privacy.
· Courts consider a number of factors to
determine whether the expectation of privacy can be considered reasonable:
· The length of the communication.
· The possibility for nearby individuals to eavesdrop and/or report on the conversation.
· Which steps were taken to ensure the speaker’s privacy.
· Whether it was necessary to amplify the conversation in order for it to be overheard.
· The location where the communication took place.
If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
· Getting verbal or written consent prior to the recording being made.
· A verbal notification being played before the conversation begins. (For example: “This
phone call is being recorded for quality control purposes…”).
· An audible beep tone being repeated at steady intervals during the duration of the
conversation.
Wisconsin Video Recording Laws
It is illegal to knowingly install or use a surveillance device in a private place for the purpose of observing a person in a state of full or partial nudity without the consent of that person. For example, a store cannot surveil a bathroom or changing room because that is place where a person might be fully or partially nude and expect to be free from
surveillance. Wis. Stat. Ann. § 942.08(2)(a)
It is also against the law to knowingly install or use any device, instrument, mechanism, or contrivance to intentionally view, broadcast, or record under the outer clothing of an individual for the purpose of capturing that individual’s intimate areas that would not otherwise be visible to the public, without that individuals consent. Wis. Stat. Ann. § 942.08(3)
What are the Penalties
Wis. Stat. Ann. § 968.31: Recording a conversation in violation of Wisconsin law is considered a felony.
Wis. Stat. Ann. § 942.08(2), (4): Installing or using surveillance devices in private places in violation of the state’s video recording laws is a Class A misdemeanor punishable by imprisonment not exceeding 9 months or a fine not exceeding $10,000, or both. If the victim is under 18 years, the offense is classed as a Class I felony.
Wis. Stat. Ann. § 942.08(3): Recording another person’s intimate parts under that person’s clothing without consent is a Class I felony punishable by imprisonment not exceeding 3 years and 6 months or a fine not exceeding $10,000, or both.
If you have any questions about your rights and the laws associated with recording phone calls, or any other legal issues, please do not hesitate to reach out to us. At Jones Law Firm we have decades of experience and are happy to help with any of your legal needs. Contact us today to set up a free consultation. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
