Question about one way tape recording..

[Princess Turandot]

I live in NYS. Our statutes say:

"N.Y. Penal Law §§ 250.00, 250.05: It is a Class E felony to overhear or record a telephonic or telegraphic communication if one is not the sender or receiver, or does not have the consent of either the sender or receiver. It also is a crime for someone not present to overhear or record any conversation or discussion without the consent of at least one party to that conversation."

I'm assuming this means that I can tape a conversation between myself and another party w/o them knowing since I'm giving consent? Or does a 3rd party need to be there doing the taping with my consent?

[musette_sf]

1. I'm not a lawyer but

for NY State I believe the case is, that as long as one party (i.e., you) consents, then it can be you and another party, no third party needed.

I know this because a family member is going through a court case in a neighboring state, where the tape recordings cannot be used because BOTH parties must consent. The family member was told "well, if this were in New York State, you'd be okay, but..."

[merwin]

2. If it is used in a criminal case without a wiretap, then it could possibly

end up only using the one side of the conversation.

[musette_sf]

3. my reference was a civil case

so you may be correct, in the instance of a criminal case.

[wakeme2008]

4. Only 9 states have laws against one sided taping..

and Fed law permits it.

[notadmblnd]

5. In the state of michigan only one of the parties need to know

I checked on the law when my sister divorced her husband and came to stay with me. He harassed us constantly and I taped his calls and handed them over to the police department and used them in court when justifing the reason for a PPO against him.

[rzemanfl]

6. I went around on this in detail with a guy from New York when the

tapes of * came out some time ago. Conclusion was that one party can record the other in New York without their knowledge or consent. Laws on this vary from state to state.

[Princess Turandot]

7. Thanks all..

I might need this for a civil dispute, to push them to agree to a compromise I've offered to them. I want to sort of set up a 'sting' which I think will directly contradict their position in the dispute.

[zbdent]

8. I'm not sure about NY state, but I remember that someone got off on

a technicality (or with a slap on the wrist) because she was doing this while attempting to help a bunch of people trying to take down a President who was doing a good job . . .

[happyslug]

9. That Involved Maryland law

Which like Pennsylvania requires ALL parties to the Conversation to agree to be taped. I believe Several other states have similar laws, so it is best to check with a Lawyer who practices in that state and knows the State's wiretap law.