divorce3 said:
State: Missouri
What are the legalities involved if a spouse utilizes a voice activated tape recorder in the maritial home??
Can you site some references or statues??
My response:
This is an Internet "site". To quote a law, or other information, is to "cite" that information.
Anyway, here's your legal "cite" or citation:
Missouri
Mo. Rev. Stat. § 542.202 (1999): Only an individual who is a party to a wire communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents. Otherwise, recording or disclosing the contents of a wire communication is a felony.
Anyone whose communications have been recorded or disclosed in violation of the law can bring a civil suit to recover the greater of actual damages, $100 a day for each day of violation or $1,000, and can recover punitive damages, attorney fees and litigation costs as well. Mo. Rev. Stat. § 542.418 (1999).
A Missouri appellate court has held that radio broadcasts from cordless telephones are not wire communications, and thus, recording such radio broadcasts is not illegal under the eavesdropping statute. Missouri v. King, 873 S.W.2d 905 (Mo. Ct. App. 1994).
It is also illegal to view or photograph a person in "a state of full or partial nudity" if the person "is in a place where he would have a reasonable expectation of privacy." Mo. Rev. Stat. § 565.253.
This means:
Only one person on the telephone needs to agree to have the conversation tape recorded. If that's the person doing the taping, then that's all that is necessary.
IAAL
