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Penal Code 632 PC - Eavesdropping Law in California PC 632 eavesdropping law makes it a crime to listen to or record private communications. California is a “two-party consent” state, meaning both parties to a conversation must consent to record it, or the person recording may face potential criminal liability.

Penal Code 632 PC defines the crime of “eavesdropping” as using an electronic amplifying or recording device to listen in on another person's confidential communication. The offense can be prosecuted as either a misdemeanor or a felony, and carries a maximum sentence of up to 3 years in jail.

Any person who trespasses on property for the purpose of committing any act, or attempting to commit any act, in violation of Section 631, 632, 632.5, 632.6, 632.7, or 636 shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or ...

(1) Breaks, breaks off, cracks, carves upon, paints, writes or otherwise marks upon or in any manner destroys, mutilates, injures, defaces, mars, or harms any natural material found in any cave. (2) Disturbs or alters any archaeological evidence of prior occupation in any cave.

Various sections of the CIPA make it illegal, for example, to wiretap (§631), to eavesdrop (monitor) and record telephonic communications (§632) or to record without consent cell phone communications (§632.7).

Unlike New York and New Jersey, California is a “two-party consent” state. This makes it illegal to record a private conversation unless all parties consent to the recording. A violation of this law is a criminal misdemeanor. Under federal law, only one party's consent is required when recording a conversation.

California Penal Code §633 allows law enforcement to record telephone conversations in particular circumstances. Specifically, code §633.6 allows domestic abuse victims to collect voice and video evidence in their cases.