California Penal Code Section 632

The offense can be prosecuted as either a misdemeanor or a felony and carries a maximum sentence of up to 3 years in jail. A a person who intentionally and without the consent of all parties to a confidential communication uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication whether the communication is carried on among the parties in the presence of one another or by means of a telegraph telephone or other device except a radio shall be punished by a fine not exceeding two thousand five hundred dollars 2 500 per violation or imprisonment. If the person has previously been convicted of a violation of this section or section 631 632 5 632 6 632 7 or 636 the person shall be punished by a fine not exceeding ten thousand dollars 10 000 per violation by imprisonment in a county jail not exceeding one year or in the state prison or by both that fine and imprisonment.

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Note that california is a two party consent state.

California penal code section 632. Specifically the law says every person who intentionally and without the consent of all parties to a confidential communication by means of any electronic amplifying or recording device eavesdrops upon or records the confidential. According to california penal code 632 anyone who willfully records or spies into a confidential communication through a telephone or recording device without approval to do so can be found guilty of criminally recording confidential communication. If the person has previously been convicted of a violation of this section or section 631 632 5 632 6 632 7 or 636 the person shall be punished by a fine not exceeding ten thousand dollars 10 000 by imprisonment in the county jail not exceeding one year or in the state prison or by both that fine and imprisonment.

California pc 632 5 specifically deals with eavesdropping on a telephone call. Under california penal code section 632 it is a crime to use any type of amplification or recording device to listen in on someone s conversation without their consent. A a person who intentionally and without the consent of all parties to a confidential communication uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication whether the communication is carried on among the parties in the presence of one another or by means of a telegraph telephone or other device except a radio shall be punished by a fine not exceeding two thousand five hundred dollars 2 500.

California penal code 632 pc defines the crime of eavesdropping as listening in on or recording another person s confidential communication. California penal code section 632.