Legal Question in Criminal Law in California

Taped Phone Calls
I was under the impression there was a law protecting California citizens from there telephone conversations being recorded without their acknowledgement by others without a court order. My ex wife, which I am legally divorced from and lives in another state, Utah and Arizona, says she has recorded conversations we have had in regards to our children without my concent. Can see and if not what statutues am I convered under to protect myself and what law is she breaking, what is the penalty. I would need the Sections of law to give to the judge in a custody hearing in Arizona. I am a legal citizen of California.

Thanks,

Asked on 6/26/01, 6:15 pm

Victor Hobbs Victor E. Hobbs

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Re: Taped Phone Calls

Penal Code Sections 631 et seq. are the statutes you're looking for.

I didn't bother to read it thoroughly. However, I don't believe that it provides for automatic exclusion of the evidence.

It may be prosecuted as a felony.

Since the communications crossed State lines they might also be prosecuted as a Federal crime.

Answered on 6/29/01, 2:41 pm

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