When is Eavesdropping a Crime?

What is Eavesdropping?

Eavesdropping involves secretly listening to, recording, or intercepting private communications without consent [1.].

can apply to spoken conversations, such as phone calls or in-person discussions, as well as data transmissions like emails, text messages, video conferences, and other digital communications.

Eavesdropping can be perpetrated by various actors, including:

• Governments engaged in espionage
• Cybercriminals seeking to steal sensitive information
• Individuals spying on neighbors or co-workers
• Businesses attempting to gain a competitive edge
• Blackmailers looking to exploit their victims’ secrets
• Law enforcement agencies conducting investigations

“Eavesdropping victims can suffer financial loss, identify theft, ruined careers, compromised data, humiliation or jail sentences. In some cases, eavesdropping is part of a larger campaign to gain unauthorized access to a network to steal information, hold the organization hostage, disrupt operations or any combination of these.”

Eavesdropping Laws in California

In California, intentionally eavesdropping on someone’s private conversation using amplification or recording devices is a crime under Penal Code 632 PC [2.]. The state operates under a “two-party consent” rule, meaning both parties must agree to the recording, or the person recording could face criminal charges.

Key Points of Penal Code 632 PC:

• • Crime of Eavesdropping: Penal Code 632 makes it illegal to intentionally listen to or record private communications without the consent of all parties involved.

• Essential Factors: Several factors determine whether an act constitutes criminal eavesdropping, including the intent to eavesdrop, the use of electronic devices, and whether the conversation was reasonably expected to be confidential. Conversations within someone’s home or other private settings are generally considered confidential.
• Consent Requirement: The law hinges on whether the person recording had the consent of all parties involved. Without this consent, the act of eavesdropping becomes illegal, leading to potential criminal liability.

PC 632 says, “anyone 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 it, or to use a telegraph, telephone, or another device, will be punished by a fine up to $2,500 per violation, or up to one year in county jail, or both. If the person has a previous conviction, the penalty increased to $10,000 or both jail and a fine.”

Understanding these aspects of Penal Code 632 PC is crucial for ensuring compliance with California’s strict eavesdropping laws and avoiding serious legal consequences.

Understanding the Penalties for Eavesdropping Under California Penal Code 632

Violating California’s Penal Code 632 is considered a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony based on the specifics of the case and your prior criminal history [3.].

Penalties for Misdemeanor Eavesdropping:

• Up to one year in county jail
• A maximum fine of $2,500

Penalties for Felony Eavesdropping:

• Up to three years in state prison
• A maximum fine of $2,500

If convicted, you may be eligible for an expungement under Penal Code 1203.4, provided you successfully complete probation or a jail term. An expungement can release you from all penalties and disabilities related to the conviction, offering a fresh start.

Effective Defenses Against Eavesdropping Charges in California

Common defenses to eavesdropping charges in California include:

• Lack of Intent: You did not intentionally listen to or record a private conversation.
• No Use of a Device: You did not use any electronic device to amplify or record the conversation in question.
• Obtained Consent: You had the explicit consent of all parties involved in the conversation.
• Protective Order Justification: You were recording the conversation as evidence of a violation of a valid protective or restraining order.
• Public Setting: The conversation took place in a public area, where there is no reasonable expectation of privacy, and therefore does not qualify as confidential communication.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://www.techtarget.com/searchunifiedcommunications/definition/eavesdropping
2. https://www.egattorneys.com/eavesdropping-laws-penal-code-632-pc
3. https://www.shouselaw.com/ca/defense/penal-code/632/#:~:text=California%20Penal%20Code%20%C2%A7%20632,to%203%20years%20in%20jail