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.