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Is it illegal to record surveillance on someone in their own home in California without their consent.?

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A unstable husband had secretly planted a surveillance camera to blackmailing her wife (in order to keep her from divorcing him), catching her talking to another man over the phone (But no physical evidence of the two ever being together). Isn’t it illegal to record her on video without her consent? Should they divorce… could he use the videos against her in court?

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7 Comments

  1. shoshidad shoshidad

    It is illegal in California to record any conversation unless all parties to the conversation know it is being recorded. This can be prosecuted as a criminal matter and as a civil matter for damages and punitive damages by any party to the conversation that did not give permission.

    There is also a specific statue in California that makes any such recording inadmissible in any family law proceeding, regardless of who made the recording or the reason for the recording.

    The video, without sound, might be admissible, depending on the circumstances of the case. However, it would not be of much use as California is a no-fault state and property division, and alimony, and child support are totally unaffected by any concept of "fault".

  2. Gifford Gifford

    probably :P lol

  3. Chrys Chrys

    it’s against the law to do that in CA (and most all states)

  4. Abeisgreat Abeisgreat

    If he owned the house she was in while being recorded it is probably legal, otherwise no it’s illegal, and he could pry get slammed with many other things for installing cameras in someone else’s house.

  5. It All Matters.~☺♥ It All Matters.~☺♥

    Only the government can do it legally.

  6. avgjoe avgjoe

    No it is not illegal it is only inadmissible in any court proceedings as he could say that the cameras were set up for home security and he just happened to catch her

  7. goddessmelanisia goddessmelanisia

    Not if it is his home also. It is perfectly legal to put hidden camera’s in your own home.

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