California and 11 other states are "two-party consent states." They require the consent by both parties to the call or conversation prior to recording the communication. The other 11 states requiring 2 party consent are Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
California Penal Code § 632(c) defines a "confidential communication" as any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties, 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.
Violation of California Penal Code § 632 subject the violator of fines between $2,500 to $10,000 per recording, and imprisoment.
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