Disclaimer: Information provided in this article is for informational purposes only and is not intended to be a “legal” advice.
We may have our reasons for wanting to put up cameras to record our spouses, for whatever reason, this article will cover the legality of putting cameras in homes without spouses knowing.
If you are contemplating on putting videos recording devices to catch a cheating spouse, then do check out our cameras for cheating spouses, it is our semi comprehensive guide on spy cameras that can be used to keep track on spouses.
While spy cameras are plentiful and cheap to buy on the market and also easy to install, there are some caveats to usage of spy cameras, especially if they are not known to the people whom are being recorded such as spouses.
Are you allowed to put a spy camera in the house?
Generally, it is legal to place a spy camera inside of your own house, this can be where you live with your spouse, it is however illegal to place a hidden camera in such a place that it invades someones privacy.
An example of a place that’s considered private is; a bathroom, toilet, bedroom, changing room, locker room and hotel room.
Recording someone whilst in the above mentioned places are illegal and is an invasion of privacy in most if not all states.
But in the context that we are talking about here, which is to video record someone in your own home, let’s say putting a spy camera in the living room or veranda so that one may be able to keep track of when someone comes into the house or leaves is perfectly legal.
So basically, putting cameras in the house is legal, considering that the camera must be in the “open/free” space and not in places where it is considered private.
What this means, is that it is perfectly okay to use the camera for legitimate purpose and not used for malicious motives.
Speaking of malicious, did you know that capturing a person’s private parts without their consent is considered a federal crime under the voyeurism law, well if it’s your spouse that you intend on recording then this is nothing to worry about.
Can I go to jail for recording my spouse while he/she is in a “private” part of the house?
A private part of the house is a toilet, bathroom, changing room or bedroom.According to Californian law, persons committing this offence, whom have already previous offence may fall under “felony eavesdropping” , thus the offender may be fined $2500 and or may be put in a Californian state prison for up-to three years.
A first time offender may be fined $2500 and may also be put in a Californian state prison for a year.
Can audio record my spouse without them knowing?
It is downright illegal to audio record someone without their knowledge, it can be argued in the court of law that the intention of the recording was not to record someone’s conversation but was intended for another purpose.
A person committing this offence will be charged for eavesdropping if caught. It is for this reason, that most spy cameras, do not have audio recording capabilities.