That's what I wanted to know. This may sound like nit-picking, but what if you're having a conversation with someone, and when you're almost done, they say that they've been taping the conversation. Would it be correct to surmise that they've already broken the law?Pelagic Hunter said:Check out this link:
WJW said:Unless there is clear notice to persons present that they are being recorded, activity such as you describe is clearly illegal. You can't record voice communication (telephone or otherwise) without all parties to the conversation knowing about it.
There is no way to "sidestep" this Penal Code provision as claimed by HD. The analysis has nothing to do with whether or not you are recording a telephone conversation. The statute prohibits recording "by electronic means" any conversation without the knowledge of all parties. So if you record a conversation using anything other than really fast handwriting, you are screwed if caught. As I said above, the only exception is when the communication being recorded contains threats of violence.
I have represented a person charged both criminally and civilly for doing exactly what is described in this thread.