Technology has made leaps and bounds in just the past few years. Things that may not have seemed possible at the dawning of the new millennium are now achievable and happening on a day-to-day basis. Unfortunately, this has given criminals an abundance of new tools to work with to invade another’s privacy.
California takes invasion of privacy very seriously. The state actually defines invasion of privacy and sets the sentencing parameters when a person is convicted, however bail and the choice of punishment is largely left to each individual county. Regardless in which California County you may have been arrested, Bail Hotline has a location nearby and will help you determine if you are eligible for a quick release per the local bail schedule.
The Law Defined
California’s laws are very in-depth and cover a great number of instances that are considered an invasion of privacy. The statute specifically outlaws: the unauthorized tapping or connecting to any communication, recording or using amplifying devices to eavesdrop, intercepting any phone call, recording any phone call without the consent of all parties and in many cases even criminalizes the act of assisting a person in committing any of these infractions. These crimes are covered in subsections of the main invasion of privacy law, but the punishments are nearly identical in all cases.
Corresponding Bail
A charge of invasion of privacy will bring a different bail amount depending on the county of arrest, and the bail schedule set forth by its Superior Court. These schedules list crimes that are committed within the county’s jurisdiction and the preset bail amounts linked to each crime. The bail schedule allows a person to get out of jail before seeing a judge, most often by using bail bond agencies that can secure a quick release for a fraction of the full “face amount.”
A person arrested for unlawful invasion of privacy using an electronic device in Alameda County will face a five thousand dollar bail amount.
Unfortunately, many counties do not specifically list invasion of privacy in their schedules, but this doesn’t mean there isn’t a bail amount. Most counties have a list in their schedule for “crimes not listed.” The bail amounts of these crimes are based on the maximum incarceration time possible for the crime. Invasion of privacy is a wobbler, meaning it can be charged as a felony or misdemeanor. If charged as a misdemeanor, a conviction cannot lead to more than one year in jail. In Riverside County, this would calculate to a bail set at $5,000 because the maximum jail time is under three years.
Penalties and Consequences
Anyone charged with misdemeanor invasion of privacy will face a $2,500 fine, one year in jail, or a combination of the fine and jail time. A person who was previously convicted of this crime, however, will face the same amount of jail time plus a fine increase of up to $10,000. There are a few instances where a person can be charged with a felony: if a person unlawfully connects or taps into any communication going out over any line, cable, telephone, telegraph or other instrument, tries to read, obtain or communicate that information or assists in any of the aforementioned, they can be charged with a serious felony. A conviction of this magnitude will lead to either sixteen months, two years or three years in a state institution. The choice of these three sentences is up to the judge.
Invasion of privacy laws are taken very seriously in California. If a person even records their own phone conversation without the knowledge of the other party, they may be breaking the law. It is important for anyone arrested for this crime to contact a bail bond agency for quick release, and then contact a good lawyer. Many people may see eavesdropping and invading another’s privacy as a game, but the government definitely does not.
