Government and public statistics

18 U.S. Code 2511: Interception and disclosure of wire, oral, or electronic communications prohibited

Legal Information Institute, Cornell Law School, 2026

Read on October 16, 2026

What it is: The federal wiretap statute, including the exception for a person who is a party to a communication or who has the consent of one party.
How much weight it carries: The statute text as published by Cornell LII. It is the federal rule only; many states add stricter rules.

Facts taken from this source

Under federal law, a person who violates the wiretap ban can be fined or imprisoned for up to five years, or both.
“shall be fined under this title or imprisoned not more than five years, or both” (18 U.S.C. 2511(4)(a))
The federal Wiretap Act says it is not unlawful for a person to intercept a wire, oral or electronic communication when they are a party to it or one party has given prior consent to the interception.
“(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception” (18 U.S.C. 2511(2)(d))