Voice Recordings Laws in North Carolina
Voice recordings are used for a variety of purposes -- for instance, businesses may tape conversations with customers, journalists may do so to ensure they get the facts accurate for a story. Recordings, however, can not be done indiscriminately -- each state, including North Carolina, has laws governing such recordings.
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One party Must Know
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While some states require that both parties know when a recording is being made, others require only that one party knows and consents to being taped. Consent does not have to stated directly; according to a court ruling, it can be implied when one of two parties is warned by a third that a recording is being made, then keeps talking.
In interpreting the meaning of "consent," an appellate court in the 2005 case of North Carolina v. Price determined that implied consent to interception occurs when one party is warned of monitoring and yet continues with the conversation.
Disclosure
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If a third party has recorded a conversation between two others without consent, not only is the recording illegal, so too is discussing it, whether through direct quotes or in general terms.
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Exceptions
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It is permissible for people to record conversations heard in ways made available to the general public, such as police bands, public safety dispatches, marine radio, civil defense frequencies and citizens band radio.
Civil Penalties
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Anybody who has been illegally recorded in North Carolina may file a civil suit against the part doing the recording; in such cases, the plaintiffs may sue for actual damages of not less than $100 a day, punitive damages and attorney and court costs.
Criminal Penalties
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In terms of criminal penalties, making a voice recording illegally in North Carolina is a Class H crime, punishable by a prison term of up to 10 years; revealing the contents of such a tape can land a person in even hotter water -- it's a Class G crime, which could lead to a prison sentence of up to 15 years.
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