Law / United States / Oklahoma

Security of Communications Act, prohibited interception and consent exceptions

Okla. Stat. tit. 13, §§ 176.1 to 176.5

In force.

An interception and recording consent rule binding public and private bodies.

Obligation class
Prohibition, Consent

As of .

What it requires

  • Do not intercept, disclose, or use the contents of a wire, oral, or electronic communication unless you are a party to it or one of the parties has given prior consent, and, if you are not acting under color of law, do not rely on that consent where the interception is for the purpose of committing a criminal act.
  • Do not disclose or use the contents of a wire, oral, or electronic communication, or evidence derived from it, knowing or having reason to know it was obtained through an unlawful interception.

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

Willfully intercepting, disclosing, or using a wire, oral, or electronic communication in violation of the Act is a felony punished by a fine of not less than $5,000.00, by imprisonment of not more than five years, or by both.

What this law does

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Research summary

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Section 176.3 makes it a felony, punished by a fine of not less than $5,000.00 or by imprisonment of not more than five years, or both, for any person to willfully intercept, disclose, or use the contents of a wire, oral, or electronic communication.

Section 176.4 exempts a person who is a party to the communication, or who acts with one party's prior consent, whether or not that person is acting under color of law, so long as a person not acting under color of law does not intercept the communication for the purpose of committing a criminal act. An oral communication is one uttered with an expectation that it is not subject to interception under circumstances justifying that expectation.

Neither this section nor the remainder of the Act states a civil cause of action for a violation; sections 176.5 through 176.14 concern device forfeiture, evidentiary exclusion, and the court-order procedure for law enforcement interception.

When LexLint raises it

When your app profile says your app records conversations or processes voice recordings.

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