California is a two-party (all-party) consent state for recording confidential communications. Under Penal Code §632, recording private conversations without consent from all parties is a crime punishable by fines and imprisonment. This applies to both audio and video recordings that capture private communications.
California Penal Code §632 makes it a crime to record a confidential communication without the consent of all parties. This applies to phone calls, in-person conversations, and any electronic eavesdropping. A 'confidential communication' is one carried on in circumstances reasonably indicating that any party to the communication desires it to be confined to the parties involved. Public conversations (where there is no reasonable expectation of privacy) are not protected. Section 632.7 extends protection to cellular and cordless telephone communications. Recordings made in violation of §632 are inadmissible in court (§632(d)). Separate from criminal penalties, victims can sue for actual damages or $5,000 per violation, whichever is greater, under Penal Code §637.2. California's wiretapping law (§631) also prohibits intercepting communications.
First offense: fine up to $2,500 and/or imprisonment for up to one year. Subsequent offenses: up to $10,000 fine and/or one year imprisonment. Civil damages: $5,000 or actual damages per violation.
El Monte, CA
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