California is a two-party (all-party) consent state under Penal Code §632. Recording confidential conversations without all parties' consent is a crime. This applies countywide in San Diego County. Public conversations where there is no privacy expectation are not protected.
California Penal Code §632 prohibits recording any confidential communication without consent of all parties. A confidential communication is one carried on in circumstances indicating any party desires it to be private. Public conversations are not protected. The law applies to phone calls, in-person conversations, and electronic communications. Section 632.7 extends protection to cellular communications. Recordings made in violation are inadmissible in court. Civil damages of $5,000 or actual damages per violation (whichever greater) are available under §637.2. California's wiretapping law (§631) separately prohibits intercepting communications. Video recording in public without audio is generally legal. These are California state laws that apply uniformly across San Diego County, both incorporated and unincorporated areas.
Criminal: up to $2,500 fine and/or one year imprisonment (first offense). Subsequent offenses: up to $10,000 and one year. Civil: $5,000 per violation minimum.
Escondido, CA
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Escondido, CA
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