Is it a crime to intentionally record a confidential communication?

California, United States of America


The following excerpt is from People v. Nazary, 11 Cal. Daily Op. Serv. 288, 120 Cal.Rptr.3d 143, 191 Cal.App.4th 727, 2011 Daily Journal D.A.R. 348 (Cal. App. 2011):

"Section 632, subdivision (a), provides that it is a crime 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 record[ ] 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, except a radio.' Subdivision (d) of section 632 prohibits such recordings from being admitted in judicial proceedings." ( People v. Nakai (2010) 183 Cal.App.4th 499, 517, 107 Cal.Rptr.3d 402 ( Nakai ).)

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