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Is it legal for me to audio record our conversation without her permission? Georgia
Anonymous5 views2 answers
I am having a dispute with my neighbor. She destroyed grass on our property and raised our land (her property is 5ft lower than ours). I would like to record her admitting that she killed our grass and raised our property level.
In some states you do not need the consent of the other party to record a conversation, in others you do.
Here is Georgia's Wiretapping Law, copied from the website linked below:
Georgia's wiretapping law is a "one-party consent" law for purposes of making audio recordings of conversations. Georgia makes it a crime to secretly record a phone call or in-person conversation "originat[ing] in any private place" unless one party to the conversation consents. See Ga. Code §§ 16-11-62(1), 16-11-66 (link is to the entire code; you need to click through to Title 16, Chapter 11, Article 3, Part I, and then choose the specific provisions). Therefore, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.
In addition, Georgia has a special provision regarding the use of a hidden video camera. The law makes it a crime to use a device to "observe, photograph, or record the activities of another which occur in any private place and out of the public view" unless the person making the recording gets the consent of all the persons observed. Ga. Code § 16-11-62(2) (link is to the entire code; you need to click through to Title 16, Chapter 11, Article 3, Part I, and then choose the specific provision).
In addition to subjecting you to criminal prosecution, violating these provisions can expose you to a civil lawsuit for damages by an injured party.
Consult The Reporters Committee for Freedom of the Press's Can We Tape?: Georgia for more information on Georgia wiretapping law.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Other states laws are compiled by the Reporters Committee for Freedom of the Press. The compilation can be found at:
http://www.rcfp.org/taping/states.html
Of course, because laws change, and websites sometimes do not keep up instantly, you should consult with a lawyer in your jurisdiction to be certain.