Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications)
16.02(c) Affirmative defences, including one-party consent – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications)

Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) 16.02(c)(4): Private persons: intercept or record only as a party or with one party's prior consent, and never to commit an unlawful act

What does 16.02(c)(4) require?

It is an affirmative defence that a person not acting under colour of law intercepted a wire, oral or electronic communication while a party to it, or where one of the parties had given prior consent, unless the interception served an unlawful aim. This is Texas's one-party consent rule. A business relying on it must be a genuine party (for example, through a recording announcement that makes the company a participant to the call, or an employee who is on the call) or hold prior consent from a participant.

Maintained by Gerard Blokdyk

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