CALIFORNIA PENAL CODE
INVASION OF PRIVACY
Unlawful eavesdropping or recording
Penal Code Section 632
(a) Every person who, intentionally and without the consent of all parties
to a confidential communication, by means of any electronic amplifying
or recording device, eavesdrops upon or records the confidential communication,
whether the communication is carried on among the parties in the presence
of one another or by means of a telegraph, telephone, or other device,
except a radio, shall be punished by a fine not exceeding two thousand
five hundred dollars ($2,500), or imprisonment in the county jail not
exceeding one year, or in the state prison, or by both that fine and imprisonment.
If the person has previously been convicted of a violation of this section
or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished
by a fine not exceeding ten thousand dollars ($10,000), by imprisonment
in the county jail not exceeding one year, or in the state prison, or
by both that fine and imprisonment.
(b) The term "person" includes an individual, business association,
partnership, corporation, limited liability company, or other legal entity,
and an individual acting or purporting to act for or on behalf of any
government or subdivision thereof, whether federal, state, or local, but
excludes an individual known by all parties to a confidential communication
to be overhearing or recording the communication.
(c) The term "confidential communication" includes any communication
carried on in circumstances as may reasonably indicate that any party
to the communication desires it to be confined to the parties thereto,
but excludes a communication made in a public gathering or in any legislative,
judicial, executive or administrative proceeding open to the public, or
in any other circumstance in which the parties to the communication may
reasonably expect that the communication may be overheard or recorded.
(d) Except as proof in an action or prosecution for violation of this section,
no evidence obtained as a result of eavesdropping upon or recording a
confidential communication in violation of this section shall be admissible
in any judicial, administrative, legislative, or other proceeding.
(e) This section does not apply (1) to any public utility engaged in the
business of providing communications services and facilities, or to the
officers, employees or agents thereof, where the acts otherwise prohibited
by this section are for the purpose of construction, maintenance, conduct
or operation of the services and facilities of the public utility, or
(2) to the use of any instrument, equipment, facility, or service furnished
and used pursuant to the tariffs of a public utility, or (3) to any telephonic
communication system used for communication exclusively within a state,
county, city and county, or city correctional facility.
(f) This section does not apply to the use of hearing aids and similar
devices, by persons afflicted with impaired hearing, for the purpose of
overcoming the impairment to permit the hearing of sounds ordinarily audible
to the human ear.