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Lucy, Esq.
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Can I tape my husbands conversations on his cell phone in our

Customer Question

Can I tape my husbands conversations on his cell phone in our open garage
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Unfortunately, no you cannot do that. Texas law provides that it is a felony to record a conversation without the consent of at least one party to the conversation. You can record your own conversations, and you could use anything that you overheard your husband say against him in court if necessary, but if you set up a device to record his conversations without consent, you could be criminally prosecuted under Tex. Pen. Code, Section 16.02.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.16.htm#16.02

I apologize that this was probably not the answer that you were hoping to receive. If you have any questions or concerns, please by-pass the rating system to reply and continue the conversation. It is important to me that you are 100% satisfied before rating the service that I provide. Thank you.
Customer: replied 1 year ago.

What if he's cheating on me w a 16 year old girl from a different country and I'm worried about stds

Expert:  Lucy, Esq. replied 1 year ago.
I'm very sorry to hear that. Unfortunately, it does not change the state of the law. If you recorded his conversations, not only could you go to jail, but the recordings would be inadmissible in any court proceeding. You could go to jail, and it would all be for nothing, because you couldn't even use the recordings against him.

You may want to consider visiting a doctor to get tested. If you have reason to believe that he's engaging in intercourse with a person under the age of 16, you can report him to the police - that is also a felony. Tex. Pen. Code, Section 22.011. But it is illegal to record his conversations without permission, no matter how good your reasons.
Customer: replied 1 year ago.

Rats


 

Expert:  Lucy, Esq. replied 1 year ago.
I'm sorry. I wish I could tell you otherwise, but I don't want you to get into trouble.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 21097
Experience: Lawyer
Lucy, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

It's my friends and she already did it


 

Expert:  Lucy, Esq. replied 1 year ago.
If she deletes the recording and never uses it, and no one ever knew that she had it (other than you), she can't get into trouble. If she tries to use it in court, or against her ex in any way, then she really could have a problem. If she already told him about the recording and he's likely to report her, she may benefit from sitting down with a local attorney.
Customer: replied 1 year ago.
Thank you 💟
Expert:  Lucy, Esq. replied 1 year ago.
You're welcome, and thank you.

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