Recording Telephone Calls
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Kan. Stat. Ann. § 21-4001: Unlawful eavesdropping consists of secretly listening to, recording, or amplifying private conversations or using any device to intercept a telephone or wire communication "without the consent of the person in possession or control of the facilities for such wire communication." Violations are misdemeanors. A criminal breach of privacy, punishable as a misdemeanor as well, occurs when any means of private communication is intercepted without the consent of the sender or receiver. Divulging the existence or contents of any type of private communication, whether carried out by telephone or even letter, is also a misdemeanor if the person knows the message was intercepted illegally. Kan. Stat. Ann. § 21-4002. The state's highest court has interpreted the eavesdropping and privacy statutes to sanction one-party consent for taping of conversations and in interpreting both statutes stated: "In other words, any party to a private conversation may waive the right to privacy and the non-consenting party has no Fourth Amendment or statutory right to challenge the waiver." Kansas v. Roudybush, 686 P.2d 100 (Kan. 1984).
It is a misdemeanor to use a hidden camera to photograph a person who is nude or in a state of undress without the person's consent in a place where the person has a reasonable expectation of privacy. Kan. Stat. Ann. § 21-4001(a)(4).
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