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Experience:  28 Years In General Practice,
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Is it legal in PA neighbor to record sounds/noises with a

Customer Question

Is it legal in PA for one neighbor to record sounds/noises with a devise mounted in his window and aimed at my side yard? I think that is the situation we have.
Submitted: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year ago.

So long as the recording device is on the neighbors property there would be nothing illegal. If the neighbor placed a recorded device on your property that would be an issue. It is the same way with cameras. What type of noises are being recorded?

Expert:  Attorney2 replied 1 year ago.

(a) Offense defined.--Except as set forth in subsection (d), a person commits the offense of invasion of privacy if he, for the purpose of arousing or gratifying the sexual desire of any person, knowingly does any of the following:

(1) Views, photographs, videotapes, electronically depicts, films or otherwise records another person without that person's knowledge and consent while that person is in a state of full or partial nudity and is in a place where that person would have a reasonable expectation of privacy.

(2) Photographs, videotapes, electronically depicts, films or otherwise records or personally views the intimate parts, whether or not covered by clothing, of another person without that person's knowledge and consent and which intimate parts that person does not intend to be visible by normal public observation.

(3) Transfers or transmits an image obtained in violation of paragraph (1) or (2) by live or recorded telephone message, electronic mail or the Internet or by any other transfer of the medium on which the image is stored.

(a.1) Separate violations.--A separate violation of this section shall occur:

(1) for each victim of an offense under subsection (a) under the same or similar circumstances pursuant to one scheme or course of conduct whether at the same or different times; or

(2) if a person is a victim of an offense under subsection (a) on more than one occasion during a separate course of conduct either individually or otherwise.

(b) Grading.--Invasion of privacy is a misdemeanor of the second degree if there is more than one violation. Otherwise, a violation of this section is a misdemeanor of the third degree.

(c) Commencement of prosecution.--Notwithstanding the provisions of 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal proceedings), a prosecution under this section must be commenced within the following periods of limitation:

(1) two years from the date the offense occurred; or

(2) if the victim did not realize at the time that there was an offense, within three years of the time the victim first learns of the offense.

(d) Exceptions.--Subsection (a) shall not apply if the conduct proscribed by subsection (a) is done by any of the following:

(1) Law enforcement officers during a lawful criminal investigation.

(2) Law enforcement officers or by personnel of the Department of Corrections or a local correctional facility, prison or jail for security purposes or during investigation of alleged misconduct by a person in the custody of the department or local authorities.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Full or partial nudity." Display of all or any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of any female person, with less than a fully opaque covering.

"Intimate part." Any part of:

(1) the human genitals, pubic area or buttocks; and

(2) the nipple of a female breast.

"Photographs" or "films." Making any photograph, motion picture film, videotape or any other recording or transmission of the image of a person.

"Place where a person would have a reasonable expectation of privacy." A location where a reasonable person would believe that he could disrobe in privacy without being concerned that his undressing was being viewed, photographed or filmed by another.

"Views." Looking upon another person with the unaided eye or with any device designed or intended to improve visual acuity.

(Mar. 24, 1998, P.L.215, No.38, eff. 60 days; Nov. 16, 2005, P.L.378, No.69, eff. 60 days)

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=75&sctn=7&subsctn=1

http://www.nolo.com/legal-encyclopedia/can-neighbor-legally-point-security-camera-property.html

Expert:  Attorney2 replied 1 year ago.

I have no idea why the neighbor would do this other then to be harassing. Unfortunately unless he has a device recording inside your property or he is trespassing on your property this would not rise to an actionable invasion of privacy.

It is certainly obnoxious.

I am sorry if that was mot the answer that you were hoping to receive. I have an ethical duty to provide the law even if it is not the outcome you were hoping to receive. Please do not shoot the messenger.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it.

Thank you for using JA! We appreciate your business.

Expert:  Attorney2 replied 1 year ago.

What kind of noises are being recorded? Do you have any additional questions for me? It would be my pleasure to continue to assist you. Please ignore the request for additional services. Thank you.

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