Legal Question in Criminal Law in Alabama

Threat of Violence

Can I tape record my 16-yr old daughter's telephone conversations without her consent? The phone is in my name in my house. Does that constitute 1-party consent? If I hear evidence of criminal intent, ie. a boyfriend wants to do bodily harm to my family, what are my options? Can I get a restraining order based on the tape?


Asked on 8/12/02, 12:38 pm

2 Answers from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Threat of Violence

No. The Alabama criminal code does not provide an "out" even if you are the homeowner or a parent. Unless your daughter consents to the taping, it would be a criminal offense. Criminal eavesdropping is a misdemeanor offense, meaning a jail sentence of less than one year, if convicted. Your reasons might provide a good defense but it would only mitigate the sentence, not get you off entirely. If you install a listening device to tape the conversations, you could be guilty of a class C felony as well. This type of activity could carry multiple charges if you are caught (probably a high likelihood if you later try to use the tapes to get a restraining order in court). I would advise you to find another way to approach this issue.

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Answered on 8/14/02, 10:08 pm
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Threat of Violence

I doubt that your taping of your daughter's conversation without her consent would make a tape of her boyfriend legal.

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Answered on 8/12/02, 6:34 pm


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