Legal Question in Criminal Law in California

Re: Recorded Crime

The pertinent statute is Penal Code section 633.5 (there is no section 653.5). It contains exceptions to the rules which generally apply to unauthorized recordings. These exceptions are for recordings made in order to obtain evidence of certain specific crimes. The two crimes you list are not among those specified in section 633.5. Accordingly, the recording you describe would not fall within any of the exceptions.

Here is what section 633.5 says:

"633.5. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, or a violation of Section 653m. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, a violation of Section 653m, or any crime in connection therewith."

Penal Code sections 631, 632, 632.5, 632.6, and 632.7 prohibit recording various types of communications without the consent of all parties. Section 653m prohibits annoying phone calls.