California is an all-party consent state for audio recording. All parties to a confidential conversation must consent to being recorded under Penal Code §632. Video recording in public is legal, but recording in private areas violates Penal Code §647(j).
California Penal Code §632 makes it illegal to record a confidential communication without the consent of all parties. This applies to phone calls, in-person conversations, and any electronic communication where parties have a reasonable expectation of privacy. Penal Code §632.7 extends this to cellular and cordless phone calls. For video, recording in public spaces is legal under the First Amendment. Penal Code §647(j) prohibits using a recording device to view or record a person in a private area without consent. The California Constitution (Article I, §1) explicitly includes privacy as an inalienable right. Employers in California must also follow these rules. These state laws apply uniformly throughout San Bernardino County.
Illegal audio recording under §632 is a misdemeanor (first offense: up to $2,500 fine and/or 1 year jail). Subsequent offenses carry up to $10,000 fine. Civil damages of $5,000 per violation may also be awarded. Invasion of privacy under §647(j) is a misdemeanor.
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