One party consent state

[goodrye]

What is the name of your state? TX

A, B, and C will be having a conversation. All three live in an one party consent state (TX).

A will be recording the call. B will know of the recording and consent to it. Both plan on recording C without asking his permission.

B will meet with C in C's office. B will conference call A and put B's phone on speaker. A will be home and be recording the conversation. A, B and C will all be part of the conversation i.e. C will know A is present via B's phone.

Based on what I was able to search, this seems legal. Is it legal? Without getting into the identities and reason for recording, is there any instance where it will not be legal? Only things I see is if you are in a private place like a bathroom than it could be illegal but this is clearly a meeting at C's office.

 

[adjusterjack]

It's a crime. But the statute provides an "affirmative defense" to prosecution. Do you know what that means? It means that you can be charged with the crime and prosecuted for it. You can raise the "affirmative defense" of consent but you'll still have to pay a criminal defense attorney a great deal of money and go through a criminal trial on the chance that your "affirmative defense" is strong enough to get you acquitted.

Read the statute:

https://tcss.legis.texas.gov/docs/PE/htm/PE.16.htm#16.02

If it goes wrong, it's a felony and you can be subject to fines up to $10,000 and up to two years in prison or both.

 

[cbg]

And if by chance C is your boss or manager or co-worker or other work-related individual that you are trying to get the goods on so you can go to HR and prove that he should be fired, both A and B can be fired. It doesn't have to be illegal to be a firing offense.