kentucky taped conversations legal?

[eyemangene]

What is the name of your state? kentucky
Is it legal to tape telephone conversations in kentucky without consent of the party being taped. can a taped telephone conversation be used in a court of law in kentucky. I have been accused of a harassing or obscene phone call and was advised later by person I phoned that I was taped. thanks

 

[oberauerdorf]

your question is overly broad. As such, no legal answer can be given.

Now, would you like to come back and tell us WHO taped the conversation?

 

[eyemangene]

kentucky taped phone conversations legal

Yes, I beleive I stated that I phoned and the person phoned taped the conversation. Is this illegal in Kentucky. It is my understanding some states allow telephone conversations to be taped without consent or knowledge of the party being taped, and some do not. If it is legal, can the tape be used in a kentucky court of law. The person called, who taped the conversation, did so without any prior request to law enforcement or the telephone companies to tape or trace calls. I dialed a wrong number. When the receipeint complained, I unfortunately uttered a curse word. Receipeint of phone call then called police who told me phone call had been recorded any my return number and name was available on receipeints caller ID.
thanks

 

[oberauerdorf]

I have been accused of a harassing or obscene phone call and was advised later by person I phoned that I was taped. thanks

That is exactly what you said. Nowhere in that post is WHO taped the conversation.

And the reason I replied the way I did is because the law is VERY specific on who may tape the conversation legally. So, until you know that (and have proof) the answer remains, "Who knows?"

It is my understanding some states allow telephone conversations to be taped without consent or knowledge of the party being taped, and some do not.

Then you understand wrong. Because WHO may tape record the conversation is the basis of legality. NOT that the conversation was recorded.

 

[azgrandpa]

Kentucky Revised Statutes

eyemanagene:

Here's a site, (unofficial), where you can browse the Kentucky statutes. http://www.lrc.state.ky.us/statrev/frontpg.htm

I did a few searches for your area of interest, but didn't get any "hits". I did hit on KRS 525.080 Harassing Communications. It requires the element of INTENT, which if you truly misdialed, then it doesn't seem that you intended to call this person for the purpose of harassment.

But.....I had an experience where a man called me to purposely harass me. I recorded it without his knowledge, (allowed in AZ), and the police said that his cursing makes him quilty of "ASSAULT"! So, you might want to look up assault statutes, also!

 

[oberauerdorf]

Receipeint of phone call then called police who told me phone call had been recorded any my return number and name was available on receipeints caller ID

He won't ever get it gramps. This statement is what I'm trying to get him to recognize is the crux of the matter.

Notice the '...receipent of phone call then called police who told me phon call had been recorded...'?

And yet he has still not told us WHO recorded the call. And THAT will decide, in Kentucky, if the recording is legal or not.

 

[snostar]

Was the person who recorded the call a party to the conversation or not???

 

[oberauerdorf]

BE QUIET EVERYONE!!!!!!!!!!

Damn, how is this guy going to learn anything, especially how to ask a valid question?

and YES, I'm in a pissy mood

 

[snostar]

Ober - Your question was, 'would you like to come back and tell us WHO taped the conversation?'

The OP stated, 'I phoned and the person phoned taped the conversation.'

At times your lines aren't easy to read between for some posters............piss somewhere else, I know it's not raining!!

 

[oberauerdorf]

And where is the proof that the person who was on the other end of the phone actually did the recording dear?

THAT is the point. Although the poster has ASSUMED that the person he was speaking with recorded the conversation, this line "Receipeint of phone call then called police who told me phone call had been recorded any my return number and name was available on receipeints caller ID." is in direct contradiction to that statement.

And you know exactly what I'm getting at. Assumptions don't make law.

 

[snostar]

YES, of course I know what your getting at, that I why I asked, "Was the person who recorded the call a party to the conversation or not?"

Now how can I help you get in a better mood? .....no more hints to the OP for starters?

 

[oberauerdorf]

Bada Boom Bada BING!!!!!!!!!!!!!!!!!

 

[snostar]

I'm part Italian and cooking my special sauce right now!! It'll BOOM ya and BING ya.........if you only knew what I was really thinking...yum