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Fiance videotaping and tapping phone w/o consent

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S

Skinbag

Guest
What is the name of your state? WI
I have a friend who is being videotaped and phone-tapped at home without her consent. Her fiance has shown an unflattering tape to her friend and mailed another copy to her family. From conversation details she believes that he must be tapping her phone as well. He is holding this over her head as a threat to reveal her as a "bad mother". (She woke up to a mess and swore at the child.) This amounts to blackmail with illegally procured "evidence" in my book. What legal recourse does she have? In the meantime she's trying to move out and stuck waiting for Section 8 approval.
 


R

renda

Guest
As long as she is involved in the conversation, she can legally tape.



Wis. Stat. § 968.31: A person who is a party to a wire, electronic or oral communication, or who has obtained prior consent from one party, can legally record and divulge the contents of the communication, unless he does so for the purpose of committing a criminal or tortious act.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Wis. Stat. § 968.27.

Effective Feb. 1, 2003, the punishment for recording or disclosing the contents of a conversation without the appropriate consent is imprisonment for up to six years and/or a criminal fine of up to $10,000. Wisconsin law expressly authorizes civil damages for violations and allows recovery of the greater of actual damages, $100 for each day of violation or $1,000, along with punitive damages, litigation costs and attorney fees.
 

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