California is a two-party (all-party) consent state under Penal Code Section 632. All parties to a confidential communication must consent before it can be recorded. Violations are punishable by fines up to $2,500 (first offense) or $10,000 (subsequent), plus potential imprisonment.
California Penal Code Section 632 makes it a crime to use any electronic device to record or eavesdrop on a confidential communication without the consent of all parties. A confidential communication is one carried on under circumstances reasonably indicating that the parties intended it to be confidential. This applies to both in-person and telephone conversations. Key aspects: You cannot record a private conversation even if you are a party to it without the other party's consent. Public conversations where there is no reasonable expectation of privacy may be recorded. Business calls that are preceded by a recording notification are considered to have implied consent. PC 631 additionally prohibits wiretapping of telephone lines. Federal law (18 USC 2511) provides a floor of one-party consent, but California's stricter standard applies within the state. Illegally obtained recordings are inadmissible in California courts under PC 632(d). California also has a public recording exception: public officials performing their duties in public may be recorded.
First offense: fine up to $2,500 and/or imprisonment up to one year (misdemeanor). Subsequent offenses: fine up to $10,000 and/or imprisonment. Civil liability: $5,000 per violation or three times actual damages, whichever is greater. Illegally obtained recordings are inadmissible as evidence.
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