QUESTION
Can my mother press charges for being recorded on a telephone with her not knowing it?
Asked on Aug 24th, 2012 on Child Custody - Pennsylvania
More details to this question:
My husband and I are going through a divorce and we have a three year old, so we are in a custody battle, well he recorded my mother on the phone and my mother was unaware of her being recorded, I was wondering can my mother press charges for being recorded on a telephone with her not knowing it?
10 ANSWERS
Dave Hawkins
Yes.
Answered on May 22nd, 2013 at 10:07 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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Private parties can record telephone conversations in which they are a party without permission.
Answered on Aug 27th, 2012 at 3:17 PM
Dennis P. Mikko
If she files a police report and the prosecutor believes that there is probable cause, he could be charged.
Answered on Aug 27th, 2012 at 12:09 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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In Ohio, a party to a conversation may record the conversation, even if the other person doesn't know it is being recorded. So, as long as whoever recorded it was on the call, there is no violation. If the call was recorded by placing a recording device on the phone by someone who did not participate in the call, that is a crime.
Answered on Aug 27th, 2012 at 12:08 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probably not.
Answered on Aug 27th, 2012 at 12:08 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Yes. It's illegal to record a person without authorization. However, prosecutor's rarely prosecute such a crime alone. Usually, it's couple with other charges.
Answered on Aug 27th, 2012 at 12:08 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Under California law it is illegal to record someone without their consent. That is a ciminal violation she could contact the police and they may send it to the DA for filing a criminal charge.
Answered on Aug 24th, 2012 at 11:48 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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She can try. Contact the police. They will probably ignore her. Contact the prosecuting attorney. Maybe you'll get somewhere with him/her. Good luck.
Answered on Aug 24th, 2012 at 11:47 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No. Wi is a one party consent state, as long as one party consented to the recording, it is legal.
Answered on Aug 24th, 2012 at 5:02 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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It may be a felony violation of the wire tap act. She should consult with and retain an attorney.
Answered on Aug 24th, 2012 at 5:01 PM