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It is illegal to held a micro cassette tape in person and record conversation between two peoples.?
Anonymous1 views2 answers
a co-worker try to start a fight with me at work. she pick on every thing I do. I want to use a digital micro cassette tape to record the conversation exhange between my self and co-worker to keep record and document for legal purposes. I will held the cassette in my hand visible enough for my co-worker to see it.
No. This in not legal in Illinois.
There are federal and state wiretapping laws that seek to prevent you from recording conversations without consent. This may expose you to both criminal prosecution and give an injured party a claim for money damages against you.
Under Federal Law, you can record telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). You count as one of the parties.
Illinois, however, uses a "two-party consent" law. In Illinois, it is a crime to use an "eavesdropping device" to overhear or record a conversation without the consent of all parties to the conversation. The law defines an "eavesdropping device" as "any device capable of being used to hear or record oral conversation or intercept, retain, or transcribe electronic communication whether such conversation or electronic communication is conducted in person, by telephone, or by any other means." 720 Ill. Comp. Stat. 5/14-1.
You must get the consent of all parties before recording an in-person conversation. In addition to subjecting you to criminal prosecution, violating the Illinois wiretapping statute may expose you to a civil lawsuit.
