Is it a crime for someone to "intentionally" record a confidential communication?

5 In People v. Superior Court (Smith), supra, 70 Cal.2d at p. 134, 74 Cal.Rptr. 294, 449 P.2d 230, this court interpreted analogous statutory language in former Penal Code section 653j, subdivision (a), which made it a crime for anyone to "intentionally . . . (record) a confidential communication." This court held that "intentionally" in that statute required an intent to bring about the proscribed result rather than an intent merely to do an act which unintentionally brought about that result. Thus, the court concluded that the Penal Code section required an intent to record a confidential communication, rather than simply an intent to turn on a recording apparatus which happened to record a confidential communication.

6 Civil Code section 2224 provides: