CA Penal Code 632
Eavesdropping Law in California
It is illegal to record or amplify confidential communications between others without their consent.
Prosecuting California Penal Code 632
Violation of this statute may result in a $2,500 fine and up to a year in state prison. The prosecutor must prove:
- You used an electronic amplifier or recording device to eavesdrop on others;
- The communications upon which you eavesdropped were confidential;
- You acted with the intent to eavesdrop; and
- You did not have the consent of all parties to eavesdrop.
According to the statute, the communications may be those of a person, entity, business, corporation, or anyone acting on behalf of the government.
In addition, the communications must be confidential. Confidential communications refer to those where the circumstances show they were meant to be confined to the parties engaging in the communication, and not made in public or where they could be expected to be overheard or recorded. This means the parties having the conversation need to reasonably expect their communications will stay between them only.
Defending a Penal Code 632 Charge
Defending against charges of violating PC 632 requires a skillful attorney, who can utilize many different options:
First, your attorney will likely try to show you did not try to amplify or record another’s conversation, or that if you did so, it was with their consent or by accident.
Next, your attorney can show the things you intentionally recorded without consent were not confidential communications. This can be accomplished by showing the communications were made in public, out loud, or in a situation where the people speaking could not reasonably expect the communications to be private.
We Want to Help
If you or a loved one is being charged with Eavesdropping in violation of PC 632 in California, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. We can provide a free consultation in our office located in Century City, or by phone.
Our experienced and assiduous attorneys will be sure to fight until the end to reduce or drop your charges completely.
Call Us: 310-274-6529