California Penal Code 632 PC
PC 632 – Eavesdropping
Eavesdropping – Table of Contents
Eavesdropping Penal Code 632 PC is illegal to record or amplify confidential communications between others without their consent.
Violation of Eavesdropping Penal Code 632 statute may result in a $2,500 fine and up to a year in state prison. The prosecutor must prove:
- You used an electronic amplifier or recording device to eavesdrop on others;
- The communications upon which you eavesdropped were confidential;
- You acted with the intent to eavesdrop; and
- You did not have the consent of all parties to eavesdrop.
According to the Eavesdropping Penal Code 632 statute, the communications may be those of a person, entity, business, corporation, or anyone acting on behalf of the government.
In addition, the communications must be confidential. Confidential communications refer to those where the circumstances show they were meant to be confined to the parties engaging in the communication, and not made in public or where they could be expected to be overheard or recorded. This means the parties having the conversation need to reasonably expect their communications will stay between them only.
A skillful attorney can utilize many different options:
First, your attorney will likely try to show you did not try to amplify or record another’s conversation, or that if you did so, it was with their consent or by accident.
Next, your attorney can show the things you intentionally recorded without consent were not confidential communications. This can be accomplished by showing the communications were made in public, out loud, or in a situation where the people speaking could not reasonably expect the communications to be private.
If you or a loved one is being charged with Eavesdropping Penal Code 632 in violation of PC 632 in California, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. We can provide a free consultation in our office located in Century City, or by phone.
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