California Penal Code Section 632

Definition

Criminally Recording Confidential Communication under California Penal Code Section 632, is a criminal offense and it is normally filed as misdemeanor. Criminally Recording Confidential Communication is when anyone traces or records another party’s message on a telephone or telegraph, without their authorization.

Example

A company who eavesdrops on their competition’s communication.

Elements of the Crime

In order to take an Criminally Recording Confidential Communication CPC 632 case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant willfully recorded or listened to a confidential communication

·         The defendant went on to do so without the victim’s authorization

Punishments for CPC 632

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, and also an individual’s criminal history.

When found guilty of Criminally Recording Confidential Communication, it is usually filed as a  misdemeanor and charges include:

·         As a misdemeanor, the charges are one year in jail and/or up to two thousand five hundred dollars in fines

·         Fines and jail times are usually increased for repeat offenses (up to $10,000 in fines)

Exceptions:

·         Hearing  impaired devices, or recordings that are conducted by executive officers for criminal investigations are exempt from this law

·         Communications that are audibly conducted in public

Side Note: A confidential communication is one where individuals believe that their conversations are confined to only the other party they are speaking with.

Legal Defenses for California Penal Code 632

A good lawyer can present many legal and valid defenses for Criminally Recording Confidential Communication charges under California Penal Code 632 to prove someone’s innocence. McGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Criminally Recording Confidential Communication. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Criminally Recording Confidential Communication.

Learn more about other California Section Penal Codes here.