Some kinds of eavesdropping can be charged as a crime — and even lead to civil lawsuits — under California law.
At some point in our lives, most people have eavesdropped. Perhaps you’ve accidentally overheard someone talking about something interesting, and you couldn’t help but stop and listen. Or maybe when you were a child, you sneaked downstairs to listen to your parents’ conversation. Eavesdropping is not generally a good thing. It violates the privacy of the people having a conversation that they think is private, and it often doesn’t end well for the person listening, who may learn things that he or she did not want to know. But did you know that under California law, you could potentially be charged with a crime for eavesdropping?
Of course, not all forms of eavesdropping are illegal in California. As a skilled Orange County criminal defense attorney will tell you, in order to charge you with this crime, a prosecutor must prove four specific elements:
- That it was intentional;
- That it took place without the permission of all parties to the conversation (if just one party consents and one does not, then it is eavesdropping);
- That the conversation was confidential; and
- That it involved the use of an electronic amplifying or recording device to overhear the conversation or to record it.
In addition, California makes it a crime to intercept a call between telephones, including cell phones, cordless phones and landline phones.
Under this law, if a person records a conversation or uses a device to try to hear a private conversation that he or she otherwise wouldn’t otherwise have been able to hear, that person would be guilty of the crime of eavesdropping. For example, if two spouses are involved in a bitter divorce and custody battle, one may decide to record their phone and other conversations without asking the other spouse. This is actually a crime — and not only could that spouse face criminal charges, but the recordings would not be admissible in court, and his or her ex spouse could file a civil lawsuit against him or her.
The crime of eavesdropping is a wobbler, which means that it can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. If it is charged as a misdemeanor, then the maximum fine is up to one year in county jail and a fine of up to $2,500. If it is charged as a felony, then it is punishable by up to three years in state prison and/or a fine of up to $2,500.
While it may be tempting to record or try to listen in on someone else’s private conversation, in California, eavesdropping is a crime. If you have been charged with eavesdropping or any other crime, the Chambers Law Firm can help. We will work with you to develop factual and legal defenses to your charges, and will stand with you throughout the process. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
