Opinion Date: April 1, 2021
Judge: Tani Cantil-Sakauye
Areas of Law: Criminal Law
The Supreme Court reversed the judgment of the court of appeal concluding that Cal. Penal Code 632.7 applies only to nonparties and does not forbid a party to a phone call transmitted to or from a cellular or cordless telephone from recording the conversation without the consent of the other party or parties, holding that section 632.7 applies to parties as well as nonparties. Section 632.7(a) makes it a crime when a person, “without consent of all parties to a communication,” intercepts or intentionally records a communication transmitted between a cellular or cordless telephone and another telephone. At issue was whether the statute is concerned only with recording by persons other than parties, or nonparties, to the communication. The Supreme Court held that the statute applies to parties as well as nonparties that that recording a communication without the speaker’s consent is unlawful, regardless of whether a party or someone else is performing the recording.
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