Penal Code Section 167 – Recording or Listening to a Trial Jury1

It is a misdemeanor to record or listen to the members of a trial jury if all of the following are true:

  1. The Defendant willfully and knowingly listened to, recorded or observed members of a trial jury, AND;
  2. The jurors did not know they were being listened to, recorded or observed, AND;
  3. The jurors did not consent to the actions of the listener, AND;
  4. The jurors were deliberating or voting when the act occurred.2

The statute is not intended to prevent individual jurors from taking notes to aid their memory while performing their lawful duties.3

Notes / Sources Cited:

1 Article first published May 9, 2018.
2 Penal Code Section 167.
3 Penal Code Section 167.