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Taped her talking about boyfriend

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C

charles l

Junior Member
What is the name of your state (only U.S. law)? new york I am in the process of going through A divorce. I have suspected from sometime my wife was having a affair. I placed a voice activated tape recorder where she used to pace and talk. On the tape she is talking to her friend and explains she has 30 mins for lunch which gives them 10 mins together. She go's on to say right now it's only kissing and talking but she can't wait to have sex with him. How can this be beneficial to my divorce we have 3 boys 14,7,5 and one girl 12. We are both professional people with equal income. Should I worry about this being illegal ? I need all the help I can get. She committed this selfish act and destroyed our 5 lives. Thank You!
 


xylene

xylene

Senior Member
Unless your wife "did the deed" then it isn't adultery.

ALSO - In NY adultery is a tough road to hoe in divorce.

ALSO - Your tape is certainly not getting in and could be a crime.
 
Ohiogal

Ohiogal

Queen Bee
xylene said:
I don't recall were the poster engaged in wiretapping.

It MAY be crime - but admissible it isn't and is damn stupid.
Click to expand...
Well he taped an electronic communication (a phone call). Whether he got both sides of the phone call can impact the severity. He did not INTERCEPT the call per se.
 
B

Bali Hai

Senior Member
charles l said:
What is the name of your state (only U.S. law)? new york I am in the process of going through A divorce. I have suspected from sometime my wife was having a affair. I placed a voice activated tape recorder where she used to pace and talk. On the tape she is talking to her friend and explains she has 30 mins for lunch which gives them 10 mins together. She go's on to say right now it's only kissing and talking but she can't wait to have sex with him. How can this be beneficial to my divorce we have 3 boys 14,7,5 and one girl 12. We are both professional people with equal income. Should I worry about this being illegal ? I need all the help I can get. She committed this selfish act and destroyed our 5 lives. Thank You!
Click to expand...
Stop playing detective and hire a PI to get the necessary evidence. Maybe the "Cheaters" program will do it for free.
 
M

Mass_Shyster

Senior Member
Ohiogal said:
Good point. I made an assumption. Bad me. :(
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Looks like it's still a felony:

New York Penal Law

§ 250.05 Eavesdropping.
A person is guilty of eavesdropping when he unlawfully engages in
wiretapping, mechanical overhearing of a conversation, or intercepting
or accessing of an electronic communication.
Eavesdropping is a class E felony.

§ 250.00 Eavesdropping; definitions of terms.
The following definitions are applicable to this article:
.
.
.
2. "Mechanical overhearing of a conversation" means the intentional
overhearing or recording of a conversation or discussion, without the
consent of at least one party thereto, by a person not present thereat,
by means of any instrument, device or equipment.
Click to expand...
 
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