Results 1 to 8 of 8
  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Tape Recording Conversations

    My question involves criminal law for the state of: Utah

    A guy in the office where I work secretly recorded the coversations of others. These conversations were not ones he was a party to. In other words he was a third party tapeing the private conversations of other people. My question is, Is this legal? Can a person tape other people's conversations without thier knowledge? I know some states allow people to tape conversations if one party consents but in this case the people being recorded did not consent and he was not a part of the conversations.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Tape Recording Conversations

    My question is, Is this legal?
    No. Michigan requires all party consent.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Tape Recording Conversations

    http://www.rcfp.org/taping/quick.html

    Utah does not require consent of all parties.

  4. #4
    Join Date
    Mar 2008
    Posts
    8

    Default Re: Tape Recording Conversations

    Quote Quoting 525601minutes
    View Post
    http://www.rcfp.org/taping/quick.html

    Utah does not require consent of all parties.
    how bout texas ??

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Tape Recording Conversations

    sheesh - how about clicking the link

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Tape Recording Conversations

    At least one person in the conversation needs to consent to the recording:
    76-9-401. Definitions.
    For purposes of this part:
    (1) "Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.
    (2) "Eavesdrop" means to overhear, record, amplify, or transmit any part of a wire or oral communication of others without the consent of at least one party thereto by means of any electronic, mechanical, or other device.
    (3) "Public" includes any professional or social group of which the victim of a defamation is a member.

    76-9-402. Privacy violation.
    (1) A person is guilty of privacy violation if, except as authorized by law, he:
    (a) Trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or
    (b) Installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in the place or uses any such unauthorized installation; or
    (c) Installs or uses outside of a private place any device for hearing, recording, amplifying, or broadcasting sounds originating in the place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy there.
    (2) Privacy violation is a class B misdemeanor.


    76-9-403. Communication Abuse.
    (1) A person commits communication abuse if, except as authorized by law, he:
    (a) Intercepts, without the consent of the sender or receiver, a message by telephone, telegraph, letter, or other means of communicating privately; this paragraph does not extend to:
    (i) Overhearing of messages through a regularly installed instrument on a telephone party line or on an extension; or
    (ii) Interception by the telephone company or subscriber incident to enforcement of regulations limiting use of the facilities or to other normal operation and use; or
    (b) Divulges without consent of the sender or receiver the existence or contents of any such message if the actor knows that the message was illegally intercepted or if he learned of the message in the course of employment with an agency engaged in transmitting it.
    (2) Communication abuse is a class B misdemeanor.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Tape Recording Conversations

    Quote Quoting 525601minutes
    View Post
    http://www.rcfp.org/taping/quick.html

    Utah does not require consent of all parties.
    I don't know why I posted the MI law. I think I was looking at a different tab. Thanks!

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Tape Recording Conversations

    Quote Quoting LawResearcherMissy
    View Post
    No. Michigan requires all party consent.
    In Michigan, you can legally record any conversation to which you are a party.

    1. Sponsored Links
       

Similar Threads

  1. Privacy Crimes: Recording Phone Conversations
    By je20103000 in forum Criminal Charges
    Replies: 2
    Last Post: 02-16-2011, 04:48 PM
  2. Privacy: Recording Conversations at Work
    By jwcolonel92 in forum Employment and Labor
    Replies: 1
    Last Post: 02-18-2010, 07:07 PM
  3. Privacy Crimes: Recording Conversations in Nevada
    By hotpa2d in forum Criminal Charges
    Replies: 10
    Last Post: 03-15-2009, 04:31 PM
  4. Privacy Crimes: Recording Conversations
    By concerned parent in forum Criminal Charges
    Replies: 2
    Last Post: 08-20-2008, 01:47 PM
  5. Tape Recording a Minor's Conversations With the Other Parent
    By clehrkamp in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 10-24-2007, 09:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources