California has been the epicenter of numerous privacy invasion cases, each serving as a stark reminder of the severe implications of such actions. These cases, often sensationalized by the media, involve the unauthorized posting of private and graphic images on social media platforms, potentially leading to criminal or civil action with significant and life-altering repercussions.
The severity of these consequences cannot be overstated, and it's crucial to understand the gravity of such actions.
For example, there have been cases where reality TV stars have posted nude pictures of an ex-girlfriend after an ugly ending of the relationship. Also, there was a case of revenge porn where the defendant was sentenced to prison for extorting women for payment to get their nude images removed from his website.
Other instances include unauthorized surveillance, hacking personal devices, and sharing private information without consent.
The legal consequences of eavesdropping in California are not to be taken lightly. Accusations of such acts can lead to a significant civil lawsuit from the alleged victim. For instance, California Penal Code 637.2 stipulates that an eavesdropping victim has the right to pursue a civil suit for damages against the perpetrator.
The victim who pursues a claim of economic damages caused by eavesdropping could sue for up to three times the amount of damages suffered, or $5,000, whichever is greater. It should be noted that even in a situation where there were no economic damages, a victim is still allowed to sue the other person for up to $5,000.
Given the complexity and severity of California's invasion of privacy laws, it's not just advisable but crucial to seek professional guidance.
Our Los Angeles criminal defense attorneys have provided this overview to help you navigate these laws; however, we strongly recommend seeking legal advice tailored to your specific situation to ensure you are fully informed and protected. The expertise of a professional in this field is invaluable and can make a significant difference in your understanding and application of these laws.
Are There Any Exceptions to Private Recordings?
Understanding these exceptions is crucial for anyone dealing with potential privacy invasion issues. We have received calls from civil lawyers seeking information on whether their clients' who obtained secret recordings can be used in a lawsuit.
It should be noted that admissibility in court will depend on whether the recordings were lawful. California Penal Code 633.5 PC states that it is lawful for a victim of a crime to record someone making threats of harm. PC 633.5 provides a list of crimes, including kidnapping, extortion, bribery, human trafficking, and any felony involving violence against them.
For example, if one spouse in a divorce is making threats of physical harm, the secret recording has a good chance of being admitted in court during divorce proceedings.
However, let's say one spouse in the divorce makes statements about hiding their assets from the court to pay less child support, but there are no threats of physical violence. The secret recording is unlikely to qualify for an exception.
Therefore, the invasion of privacy laws seems clear: You should not record or distribute private audio unless there is some risk of physical harm. If you distribute private information and a police report is filed, you may face criminal prosecution.
Definition of California Penal Code 632 – Eavesdropping
In 1967, California passed the Invasion of Privacy Act, which provides criminal penalties to deter individuals from invading another person's privacy. Certain types of eavesdropping are crimes.
California Penal Code 632 PC defines the crime of eavesdropping as:
Anyone who, intentionally without the consent of all parties in a confidential communication, uses an electronic amplifying or recording device to eavesdrop or record the communication, whether the communication is carried on by means of a telephone or other device, shall be fined up to $2,500 per violation, or sentenced to jail for up to one year.
This definition means it's a crime to use an electronic device to monitor or record a private conversation. However, in order for the prosecutor to obtain a conviction for PC 632 eavesdropping, they must be able to prove all the elements of the crime listed in CALCRIM 1809 Jury Instructions:
- The act of recording was intentional
- The act didn't have permission from one of the parties
- The conversation was confidential
- The act involved using an electronic device
Confidential communication is any communication that was carried out in circumstances reasonably indicating that someone involved wanted to keep it confined between the parties.
It does not include any communication made in a public gathering, such as any type of proceeding that was open to the public or in a circumstance where the parties involved should have reasonably expected the conversation could be overheard or recorded.
Eavesdropping Exceptions for Law Enforcement
As noted, some exceptions make it legal to record a private conversation. The Invasion of Privacy Act made an exception for eavesdropping by law enforcement officers.
For example, it's legal for law enforcement to record a conversation without the parties' knowledge if it's associated with their duty in a criminal investigation. Evidence obtained during the recording is admissible in court, meaning it can be used as part of the legal proceedings and can significantly impact the outcome of the case.
Additionally, there is an exception where police can authorize a witness in a criminal case to record a conversation with an alleged suspect privately, even if the witness is unaware of the recording.
For instance, let's say a suspect is under investigation for a sexual-related crime against a minor. Law enforcement can obtain authorization from a minor to call the suspect in order to elicit incriminating statements. Again, any evidence obtained in this manner is admissible in court and is likely to result in a conviction.
Eavesdropping Exceptions for Private Citizens
As noted above, California Penal Code 633.5 outlines the conditions under which private citizens can be exempt from eavesdropping laws, provided that the recording of private conversations is intended to obtain evidence of specific crimes.
This exemption would apply if the private citizen recording is a party to the conversation and they intend to gather evidence they reasonably believe is related to the other party committing specific crimes, including:
- Kidnapping
- Human Trafficking
- Extortion
- Bribery
- Felony violence, such as murder or rape
In such situations, a private citizen is legally permitted to record the call. The recording can be used as evidence in court to prosecute a suspect for one of the crimes listed above.
Contact Our Firm for Help
The Invasion of Privacy and eavesdropping laws under California Penal Code 632 are complex and often confusing for many people. To avoid potential criminal or civil penalties, you should refrain from privately recording a conversation with someone else without their knowledge. This is a key aspect of respecting California's invasion of privacy laws.
Also, it would be best if you never made any incriminating statements about a crime because you don't know whether the other party on the call has been permitted to record the call without your consent. If you have been accused of violating California's invasion of privacy laws, please contact us to review the details and explore your options.
Cron, Israels & Stark is a criminal defense law firm with a team of highly experienced attorneys. We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office located at 401 Wilshire Blvd, Suite 1200, Santa Monica, CA 90401.
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