Are you facing charges for Criminally Recording Confidential Communication? Violation of Penal Code 632 s a misdemeanor offense that carries serious penalties. Few people are aware at the time of their recording that it is a criminal offense. Let us evaluate your alleged penal code offense and help you to determine your best options moving forward. Call us today to receive a free case evaluation.
What is PC 632?
According to California Penal Code 632, anyone who willfully records or spies into a confidential communication through a telephone or recording device, without approval to do so, can be found guilty of Criminally Recording Confidential Communication.
Confidential communication is one where the parties involved have reason to believe that their communications are being held in private. It does not include statements that are made in public places.
In order to prosecute for Criminally Recording Confidential Communication, the State of California has the burden to prove you are guilty of:
- Listening into or recording a confidential conversation/communication through telephone or a telegraph
- Doing so without consent
Exemptions include communications that are recorded by police officers or others in executive position, or persons who have impaired hearing and who are using hearing aid devices.
The following could be considered an example of a CPC 632 violation:
Randy and Samantha, a married couple, have been having relationship problems for some time now. Samantha kicks Randy out of the house, but before Randy goes, he installs a device on the home phone that will record conversations. Later, Randy and Samantha get into a fight while she is on the phone and Randy threatens to use Samantha’s recorded conversations against her in a court of law. Samantha finds the recording device placed on the phone and calls the police.
Can I Go To Prison for a 632 CPC Violation?
CPC 632 Criminally Recording Confidential Communication can is punishable by either:
- A fine of $2,500
- Misdemeanor – Up to 1 Year in the County Jail or California State Prison
- A combination of both these charges
Other Potential Penalties:
If the accused has been previously convicted of these charges, fines will usually be increased by up to ten thousand dollar, along with imprisonment in the California State Prison or Orange County Jail.
Criminal Defense Representation
If you are facing Criminally Recording Confidential Communication charges for California Penal Code Section 632, you may be best served by contacting our law offices and obtaining a free case evaluation. Even if you are not planning on hiring an attorney, obtaining the right information at the right time could help you to avoid making mistakes that will negatively affect your case outcome. Call or fill out our form now for assistance today.