Eavesdropping charges may be filed against any person who intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the communication by any means..
What does the prosecutor have to prove?
1. Defendant, by means of any electronic amplifying or recording device, eavesdropped upon or recorded a confidential communication, whether or not the communication was carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio.
2. Defendant did so intentionally and without consent of all parties to the confidential communication.
With probation 0-364 days
Misdemeanor: 0-364 days