Legal Question in Criminal Law in California

Re: Illegal videotaping

No, and there is quite an invasion of privacy here. Both civil and criminal action is probably possible. Contact me if interested.

Re: Illegal videotaping

Yes. Cal. Penal Code section 632 prohibits amplifying or recording, by any means, a confidential communication without the consent of both parties. This section prescribes a fine of up to $2,500 and jail time in the state prison or county jail, or both the fine and jail. Thus, a violation could be charged as either a felony or a misdemeanor.

Communications need not be through spoken words. Thus, even if the two adults engaged in a sex act without speaking, they would be deemed to be communicating with one anther. Recording such an event without consent of both parties would expose the recorder to punishment under section 632.

Re: Illegal videotaping

no, california requires consent of BOTH parties in order to record or tape a "confidential communication". a videotape would classify as a confidential communication under eavesdropping rules if both parties did not consent to the videotaping. hope this helps.