Legal Question in Criminal Law in Illinois

Charges brought up against recording conversation without consent?

I had concerns with custody issues and recording conversations with my soon to be ex husband. I live in Illinois and he lives in Ohio. He does not know that I was recording him.

He needs mental help from a Dr. and I clearly think if he heard how he sounds on the tapes, he might want to seek help. If I sent him the tapes, could I face criminal charges for recording him without his consent? I do not plan on using the tapes for any other purpose. Could he bring me up on charges?


Asked on 11/14/03, 2:30 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Charges brought up against recording conversation without consent?

Hello. I am fascinated that this is the second

question of this type that I have seen in the

last 24 hours. I recommend that you not send the tape to the doctor, and I do not recommend that you tell your soon-to-be ex-husband that you were taping his conversation. I believe that

the federal eavesdropping statute prohibits recording a conversation, unless those who would

be recorded are aware that they will be recorded.

I am sure that you have called customer service

numbers recently and have heard the recording

that "your conversation may be recorded for

quality assurance" or "for coaching purposes..."

The particular business sending out this message

to callers wants to make sure that they stay

on the right side of the law, by not violating

the provisions of the federal eavesdropping

statute. In other words, there is freedom of

speech, but not complete freedom of recording.

Read more
Answered on 11/15/03, 1:54 am


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