Privacy · Recording Consent
Is It Legal to Record a Call in Louisiana?
Whether you can record a conversation in Louisiana, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Louisiana
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| Being a party is the safe harbor | Section 15:1303(C)(4) makes it lawful for a person not acting under color of law to intercept a wire, electronic or oral communication where that person is a party, or where one party has given prior consent. |
| The purpose cannot be injurious | The one-party exception is lost if the interception is made to commit a criminal or tortious act, "or for the purpose of committing any other injurious act." That last phrase is broader than the federal model and can reach recordings meant to embarrass or leverage. |
| Phone, in-person and electronic are covered | The chapter reaches wire, oral and electronic communications, so calls, in-person conversations, texts, email and data transfers are all inside it. Silent video is not separately addressed in 15:1303. |
| When it is different | What it means |
|---|---|
| Party or one-party consent | A person not acting under color of law who is a party, or who has one party’s prior consent, is exempt so long as the purpose is not criminal, tortious or otherwise injurious. |
| Court-ordered interception | Interception authorized by a court under the rest of the Louisiana Electronic Surveillance Act (La. R.S. 15:1301 et seq.) is lawful. |
| Good-faith reliance on a court order | La. R.S. 15:1312 makes good-faith reliance on a court order a complete defense to any civil or criminal action under the chapter. |
What you can do right now
Concrete, neutral steps before you record a conversation in Louisiana. This is legal information, not legal advice.
- Record calls you are part of, for a clean purpose
As a party you may record under 15:1303(C)(4), but only if your purpose is not criminal, tortious or otherwise injurious. Record to keep an accurate account, not to harm someone.
- Watch the "any other injurious act" clause
Louisiana’s bad-purpose carve-out is wider than the federal model. A recording made to embarrass or leverage a person can arguably fall outside the one-party exception even if no crime or recognized tort is involved.
- Be careful on interstate calls
If the other person is in an all-party state, that state’s law may reach the call. When a conversation crosses state lines, get consent from everyone to be safe.
- Talk to a Louisiana attorney or the Attorney General
The penalty carries a two-year hard-labor minimum. A licensed Louisiana attorney can assess the purpose question, and the Louisiana Department of Justice handles referrals.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Louisiana Department of Justice · Office of the Attorney GeneralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Louisiana
Louisiana looks like a straightforward one-party consent state, and on the headline it is: La. R.S. 15:1303(C)(4) lets a private person record a wire, electronic or oral communication they are a party to, or one they have a party’s prior consent for, without telling the other side. But two features set Louisiana apart. First, the exception is conditioned on purpose. It disappears if the recording is made "for the purpose of committing any criminal or tortious act," and Louisiana then adds a phrase most states do not have, "or for the purpose of committing any other injurious act." That wider clause gives prosecutors and civil plaintiffs a hook that reaches recordings intended to embarrass, pressure or harm someone even where no crime or recognized tort is involved, so any summary that says "Louisiana is one-party, full stop" is incomplete. Second, the penalty is severe. A violation carries a fine up to $10,000 and imprisonment of two to ten years at hard labor, a mandatory two-year minimum that makes the gap between "legal" and "felony" unusually steep. Louisiana also pairs that criminal exposure with a strong civil remedy under 15:1312, allowing actual damages but not less than $100 a day or $1,000, plus punitive damages and attorney fees. The chapter is silent on choice of law, so the practical cross-border risk is recording a person located in an all-party state.
Common questions
Can I record a phone call in Louisiana without telling the other person?
Generally yes, if you are a party to the call and your purpose is not criminal, tortious or otherwise injurious. La. R.S. 15:1303(C)(4) makes Louisiana a one-party consent state, subject to that bad-purpose limit.
What does "any other injurious act" mean in Louisiana?
It is a broad phrase Louisiana adds to the usual crime-or-tort limit. A recording made to embarrass, pressure or harm someone can arguably fall outside the one-party exception even without a crime or recognized tort, which is why the safe course is a clean, defensive purpose.
What is the minimum sentence for illegal recording in Louisiana?
Section 15:1303(B) sets imprisonment of not less than two nor more than ten years at hard labor, plus a fine up to $10,000. The two-year mandatory minimum is among the harshest recording penalties in the country.
Does Louisiana’s law cover text messages and email?
Yes. The chapter reaches wire, oral and electronic communications expressly, so texts, email and data transfers fall inside it. Silent video is not separately addressed in 15:1303.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.