Legal Question in Criminal Law in Iowa

I live in Iowa, my son's mother (who is not present during visitatin) planted recording devices in his car seat and diaper bag without me knowing. There are many people who have visited our home since, and have had conversation that could affect their jobs, or social standing (when the minor child was not even in the room.)

Is this illegal because she was not part of the conversation, and i, nor the rest of my family, had any knowledge that we were being recorded?


Asked on 2/20/11, 1:46 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

It is illegal under Iowa Code section 727.8.

727.8 Electronic and mechanical eavesdropping.

Any person, having no right or authority to do so, who taps into or connects a listening or recording device to any telephone or other communication wire, or who by any electronic or mechanical means listens to, records, or otherwise intercepts a conversation or communication of any kind, commits a serious misdemeanor; provided, that the sender or recipient of a message or one who is openly present and participating in or listening to a communication shall not be prohibited hereby from recording such message or communication; and further provided, that nothing herein shall restrict the use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.

[C97, �4816; C24, 27, 31, 35, 39, �13121; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, �716.8; C79, 81, �727.8]

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Answered on 2/21/11, 8:55 pm


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