Why am I protesting?

Every person who, intentionally and without the consent of all parties to a confidential communication, uses any electronic amplifying or recording device to eavesdrop upon or record the confidential communication shall be punished as provided by law.

California is an all-party consent state. Consent from only one party is not sufficient.

What Is a “Confidential Communication” (§ 632(c))

A confidential communication is any conversation carried on in circumstances that reasonably indicate the parties desire it to be confined to those present or participating.

A communication does not lose its confidential character merely because it occurs in a workplace or commercial setting, as long as a reasonable expectation of privacy exists.

Criminal Penalties (Exact Structure)

Misdemeanor (§ 632(a))

A violation may be charged as a misdemeanor, punishable by:

A fine of up to $2,500,

and/or Imprisonment in county jail for up to one year.

Felony (§ 632(a))

A violation may be charged as a felony, punishable by:

A fine of up to $10,000,

and/or Imprisonment for up to three years.

Whether a violation is charged as a misdemeanor or felony depends on the facts and circumstances, including whether violations are repeated.

Statutory Damages (§ 637.2)

The Invasion of Privacy Act provides for statutory damages of $5,000 per violation, or three times the amount of actual damages, whichever is greater.These provisions exist independently of criminal enforcement and are part of California law governing confidential communications.

Official Source

California Penal Code § 632 and § 637.2 (California Legislative Information)

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=632.&lawCode=PEN

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=637.2.&lawCode=PEN

Disclaimer

This page provides general information about California law and does not allege or determine whether any violation has occurred.