California law makes it a crime to record someone’s conversation secretly, with a few exceptions — and one of them, a state appeals court says, allows a parent to use a hidden cell phone to record her child’s talks with a babysitter suspected of abuse.
A mother’s recording led to the conviction of a 12-year-old babysitter for molesting his 4-year-old cousin. The defense lawyer argued that the recording was illegal because neither of the speakers had consented.
But the Fifth District Court of Appeal in Fresno said Monday that a parent who reasonably fears harm to her child, particularly a young child, can consent to a secret recording on the child’s behalf. State law normally requires the consent of both parties to a conversation, but allows consent by one person who reasonably suspects the other of a serious crime. more
