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Tape recording

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L

lovingmom

Guest
Is it legal, in Oklahoma, to tape record someone, without their knowledge, when they call you? And can that tape be used in a custody battle, since it is a civil matter and not a criminal matter?
My ex-boyfriend is telling me one thing and his attorney another so I look like the bad person!
Thanks for your help!
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lovingmom:
Is it legal, in Oklahoma, to tape record someone, without their knowledge, when they call you? And can that tape be used in a custody battle, since it is a civil matter and not a criminal matter?
My ex-boyfriend is telling me one thing and his attorney another so I look like the bad person!
Thanks for your help!
<HR></BLOCKQUOTE>

My response:

You must inform the other party you are tape recording the phone call. While the tape is running, you should state: "I want you to know that I am electronically taping this telephone communication as we speak. Do I have your permission? No, then call me back when you want to give me your permission - - but right now, I'm hanging up the phone. - - click." Or, if permission is given, "go ahead and say whatever you want."

Okla. Stat. tit. 13, § 176.4 (1999): Anyone who is a party to a wire, oral or electronic communication or who has obtained consent from a party can lawfully record or disclose the contents of that communication, so long as he does not do so in furtherance of a criminal act.

Unlawful recording or disclosure is a felony punishable by a fine of not less than $5,000 and jail time not to exceed five years. Okla. Stat. tit. 13, § 176.3 (1999).

IAAL


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