Recording Verbal Convo in Tennessee
My question involves criminal law for the state of: Tennessee
Tonight my soon to be Ex-Wife recorded a conversation between herself and I. She came over to drop off some homework assignments for our daughter but she was in a wild mood, yelling, being angry etc etc. I didnt say or do anything that could be used against me to my knowledge but as she was leaving she pulled her phone out and stated that she had been recording the whole conversation. I looked at the phone and it was in fact recording without my consent or knowledge. Now from what I've looked up this is illegal due to
The federal Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. Sec. 2510 et seq., prohibits the willful interception of telephone communication by means of any electronic, mechanical, or other device
Penalties: The federal statutes provide criminal penalties for unlawful interception of telephone conversations, including up to five years' imprisonment or a maximum of $10,000 in fines. They also allow for civil remedies, by which private parties are entitled to recover actual and punitive damages, together with fees and costs.
Am I right in finding this?
Please Advise...
Re: Recording Verbal Convo in Tennessee
Tennessee is a one part consent state...
Quote:
Tenn. Code Ann. § 39-13-601: A person who is a party to a wire, oral or electronic communication, or who has obtained the consent of at least one party, can lawfully record a communication and divulge the contents of the recorded communication unless he has a criminal or tortious purpose for doing so. Violations are punishable as felonies with jail sentences of between two and 12 years and fines not exceeding $5,000. Tenn. Code Ann. §§ 39-13-602, 40-35-111.