In Florida, the intentional interception, use, or disclosure of wire, oral, or electronic communications without consent, except under specific legal circumstances, such as with a court order or for public safety purposes is prohibited under Florida Statute 934.03.
Under this law, any individual or entity engaging in the unauthorized interception of conversations or communications—whether through traditional phone calls, electronic messages, or in-person discussions—faces significant legal consequences.
Brooksville Criminal Defense Lawyer
Unlawful recording can lead you to being charged with a felony which can end up with jail time and hefty fines.
If you or a loved one has been charged with unlawful recording, do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115. The Law Office of Ashley Aulls can help you or your loved one with your case.
Information Center for Unlawful Recording
What is Unlawful Recording?
Unlawful recording can be defined as secretly recording a conversation without the permission of the parties present. Recording can vary from just recording audio of a conversation to hiding a camera in an office. Some more examples can include:
- Secretly recording a private phone conversation without the consent of all parties involved.
- Using a hidden microphone to intercept conversations in someone’s home without permission.
- Recording a private meeting or discussion in a workplace without consent from all participants.
- Disclosing the contents of an intercepted phone call that was illegally recorded.
- Using an electronic device to intercept and record communications between two other people without their knowledge.
Penalties
These are penalties that can come with being charged with unlawful recording in Florida:
Third-degree Felony
This applies to intentional interceptions without consent
- 5 years in prison and/or
- 5 years probation and/or
- a $5,000 fine.
First-degree Misdemeanor:
In some cases (e.g., first offense with non-commercial intent)
- up to 1 year in jail and/or
- $1,000 fine.
Defenses
Some common defenses to unlawful recording charges under Florida Statute 934.03 include:
Consent
- One or all parties involved consented to the recording.
Lawful purpose
- The recording was made during a lawful activity, such as a criminal investigation authorized by law enforcement.
Public accessibility
- The recorded communication was made in a public setting or was accessible to the general public.
Self-defense or protection:
- The recording was made to gather evidence of a crime, such as threats or harassment.
No expectation of privacy
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- The conversation took place where there was no reasonable expectation of privacy.
Additional resources
- Florida Statute 934.03 – Unlawful recording can be defined as recording someone without their permission or knowledge.
- What is a “Recording Device” – Recording devices can range from a camera or even a small recording microphone.
Contact a lawyer in Hernando County
If you or a loved one has been charged with unlawful recording, do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115.
Ashley Aulls can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.