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legal use of taped phone conversation from home phone of wife's affair

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J

Jon Tilli

Guest
What is the name of your state? new jersey
my wife and I have several huge problems, recently I taped her conversation with her sister in regard to my wife's affair.

she has since found out about these tapes and says that they are illegal.

my question is taping conversation on your own phone illegal.

jt
 


I AM ALWAYS LIABLE

Senior Member
Jon Tilli said:
What is the name of your state? new jersey
my wife and I have several huge problems, recently I taped her conversation with her sister in regard to my wife's affair.

she has since found out about these tapes and says that they are illegal.

my question is taping conversation on your own phone illegal.

jt

My response:

Your wife and her sister are having an affair?

Basically, you're screwed - - here's the law.

N.J. Stat. § 2A:156A-3 (1999): Interception of any wire, electronic or oral communication, or disclosure of the contents of such communication by someone having reason to know of the interception, is a crime.

The disclosure of intercepted information is not a crime, however, if the contents of the communication have "become public knowledge or public information."

In addition, an interception is legal if the interceptor is a party to the communication, or one of the parties has given prior consent, so long as no criminal or tortious intent is present. Nonetheless, even if a person is a subscriber to a particular telephone, that person cannot consent to the recording of conversations on that telephone to which he is not a party. N.J. Stat. § 2A:156A-4 (1999).

Civil liability for unlawful interception or disclosure can be imposed for the greater of actual damages, $100 per day of violation or $1,000, and can include punitive damages, attorney fees and litigation costs. N.J. Stat. § 2A:156A-24 (1999).


IAAL
 
H

hassanbensober

Guest
What about California? My wife was discussing her affair with a friend which was recorded on our answering machine. Can I use it? To make matters more interesting, she was discussing her drug use.
 

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