Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 15. MISCELLANEOUS CRIMES / CHAPTER 1.5. Invasion of Privacy
California Codes

Cal. Penal Code § 637.3 (2026)

✓ current as of May 2026
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(a)No person or entity in this state shall use any system which examines or records in any manner voice prints or other voice stress patterns of another person to determine the truth or falsity of statements made by such other person without his or her express written consent given in advance of the examination or recordation.

(b)This section shall not apply to any peace officer, as defined in Section 830, while he is carrying out his official duties.

(c)Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1979–2024 · leading case: Illinois Polygraph Soc'y v. Pellicano, 396 N.E.2d 1354 (Ill. App. Ct. 1979).
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Illinois Polygraph Soc'y v. Pellicano, 396 N.E.2d 1354 (Ill. App. Ct. 1979). “Co-op 1976) (use of any lie detector not allowed in employment situations); Cal. Penal Code §637.3 (West 1978) and 18 Pa.”
Turner v. Microsoft Corp. (N.D. Cal. 2024). · cites it 4× “” Cal. Penal Code § 637.3 . Plaintiffs assert that Nuance (1) examined or recorded 23 Plaintiffs’ voice prints, (2) without their prior written consent, (3) in order to determine the truth 24 or falsity of statements made by Plaintiffs.”
Balanzar v. Fid. Brokerage Servs., LLC (S.D. Cal. 2023). · cites it 4× “3 prohibits any person or entity in California 14 from using “any system which examines or records in any manner voice prints or other 15 voice stress patterns of another person to determine the truth or falsity of statements made 16 by such person without his or her express…”
(PC) Head v. Cnty. of Sacramento (E.D. Cal. 2020). “2 The undersigned finds 23 that plaintiff has stated a potentially colorable claim against defendants Endrizzi and Shelton for 24 allegedly violating California Penal Code § 637.3 25 2 California Penal code § 637.”
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