Is it a crime to intentionally record a confidential communication?

California, United States of America


The following excerpt is from The People v. Nazary, D055646, No. SCN227608 (Cal. App. 2010):

"Section 632, subdivision (a), provides that it is a crime to 'intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrop[] upon or record[] the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio.' Subdivision (d) of section 632 prohibits such recordings from being admitted in judicial proceedings." (People v. Nakai (2010) 183 Cal.App.4th 499, 517 (Nakai).)

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