Opinion No. (1999)

BILL LOCKYER Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE GARY LIEBERSTEIN, DISTRICT ATTORNEY OF NAPA COUNTY, has requested an opinion on the following questions: 1. May a person initiate and tape record a telephone call in an attempt to gain evidence of child molestation alleged to have been committed by the person called? 2. If so, would such evidence be admissible in a subsequent civil or criminal proceeding? CONCLUSIONS 1. A person may initiate and tape record a telephone call in an attempt to gain evidence of child molestation alleged to have been committed by the person called. 2. Such evidence would be admissible in a subsequent civil or criminal proceeding. ANALYSIS The California Privacy Act (Pen. Code, §§ 630 - 637.6 ; "Act") 1 generally prohibits "invasions of privacy," including the recording of telephone conversations. In 80 Ops.Cal.Atty.Gen. 342 (1997), we reviewed the provisions of the Act and concluded that telephone calls may not be recorded "unless (1) such calls are not deemed to be confidential or (2) there is an exemption available. . . ." (Id., at p. 345.) The two questions presented for resolution concern the recording…