Penal Code Section 632

C courts have applied the term communication as used in section 632 of the california.

Penal code section 632. 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. 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. Two party consent states require that all parties to a confidential communication consent to the recording.

Ca penal code 632 2018 632. B nothing in section 631 632 632 5 632 6 or 632 7 renders inadmissible any evidence obtained by the above named persons by means of overhearing or recording any communication that they could lawfully overhear or record prior to january 1 1968. California laws penal code 632 it is common for someone to overhear or listen to a conversation that was meant to be private.

In some cases this is referred to as eavesdropping a crime that carries serious penalties in california. 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. Note that california is a two party consent state.

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. Ab 2669 effective january 1 2019. The offense can be prosecuted as either a misdemeanor or a felony and carries a maximum sentence of up to 3 years in jail.

California penal code section 632.