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i've got so many questions *sigh*

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J

jackies_stuff

Guest
Am I allowed to tape record conversations that go on between my ex-husband and I? It's the only way I can
think of to show proof of what he says!!

 


J

jackies_stuff

Guest
I forgot to mention that I am in the state of California.
I know that in some states as long as ONE of the persons
involved in the recording knows about it, it's legal. Is
CA one of those states?
 
L

LadyBlu

Guest
jackies_stuff said:
I forgot to mention that I am in the state of California.
I know that in some states as long as ONE of the persons
involved in the recording knows about it, it's legal. Is
CA one of those states?
Sorry Dear, but CA is an All Party state:


California has an all-party "Invasion of Privacy" law. Sec. 631

The State makes it a crime for "any person [to], by means of any machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of any internal telephonic communication system, or [to] willfully and without the consent of all parties to the communication, or in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable, or is being sent from, or received at any place within this state; or [to] use, or attempt to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained, or [to] aid, agree with, employ, or conspire with any person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned."
California also makes it a crime for person to "intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrop upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device."
A first-time offense is punishable by a fine of, at most, $2,500, or by imprisonment in the county jail not exceeding one year, or by imprisonment in the state prison, or by both a fine and imprisonment in the county jail or in the state prison. Subsequent violations are punishable by a fine of, at most, $10,000, or by imprisonment in the county jail not exceeding one year, or by imprisonment in the state prison, or by both a fine and imprisonment in the county jail or in the state prison.
One party to a confidential communication may record the communication for "the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnaping, bribery, any felony involving violence against the person."
Civil action is authorized.


 
J

jackies_stuff

Guest
If I get his consent I am free to do it then right?
 
L

LadyBlu

Guest
jackies_stuff said:
If I get his consent I am free to do it then right?
Yes, as long as you tell him at the beginning on recording that you are recording the conversation and he agrees it is not considered a crime.
 

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