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Is there anything legally wrong with secretly recording what…

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Is there anything legally wrong...
Is there anything legally wrong with secretly recording what my wife is saying behind my back when I'm not home? Can I use such recording in court to defend myself or prove how bad a woman she is? For example if I heard her telling her friend on phone that she just used me to get a green card and that she would as soon as she becomes a citizen, can I use that against her?
Submitted: 5 months ago.Category: Family Law
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Answered in 2 minutes by:
3/27/2018
Family Lawyer: RayAnswers, Lawyer replied 5 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 49,625
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 5 months ago

Sorry thats not legal here in Illinois. Illinois is a "two party consent" state. You need the other party's permission — or at least the other party's knowledge -- to record a conversation. Exceptions abound, however, to where they eclipse the rule; and there are exceptions to the exceptions. "Wiretapping" is eavesdropping takes place over electronic media -- like telephones, text messages, and e-mail. The law defines both activities as "eavesdropping" and doesn't really distinguish between them.

llinois' New Law: The new law is a lot like the old law but bakes in tons of exemptions. The new law says:

(a) A person commits eavesdropping when he or she knowingly and intentionally

  1. Uses an eavesdropping device, in a surreptitious manner, for the purpose of overhearing, transmitting, or recording all or part of ay private conversation to which he or she is not a party unless he or she does so with the consent of all of the parties to the private conversation;

  2. Use an eavesdropping device, in a surreptitious manner, for the purpose of transmitting or recording all of any part of any private conversation to which he or she is a party unless he or she does so with the consent of all other parties to the private conversation;

  3. Intercepts, records, or transcribes, in a surreptitious manner, any private electronic communication to which he or she is not a party unless he or she does so with the consent of all parties to the private electronic communication;

720 ILCS 5/14-1

Exception: Open and Conspicuous: The first exception is if you're open about the fact that you're recording. Recording your kid at a soccer game, or your spouse in a drunken stupor (or anyone) in public is okay and the recording may be evidence if you're open about it and not doing it surreptitiously, That's the word the law uses: "surreptitious." The law defines it:

"(g) Surreptitious. For purposes of this [law], "surreptitious" means obtained or made by stealth or deception, or executed through secrecy or concealment."

So, if you want to record someone and just pull up your phone's video camera and say "I'm recording," there should be no problem. If the person being recorded says "I don't want you to record me, I don't consent to the recording, and I want you to turn that off;" so what? Who cares what that person wants? You're not being surreptitious about it so there shouldn't be a problem. You can't get all up in their business and harass them -- harassment is a crime. Openly recoding others, however, is okay under Illinois law.

Taping in your state is a bad idea and you could be prosecuted.Please don't shoot the messenger.Just want to protect you here.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

Reference

https://www.illinoisdivorce.com/eavesdropping-and-wiretapping

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Family Lawyer: RayAnswers, Lawyer replied 5 months ago

Thanks for rating 5 stars, it is much appreciated

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Customer reply replied 5 months ago
Ok, what can she do if she knows because I told her but she doesn't have evidence of the recording. I only told her I heard her speaking about me.
Family Lawyer: RayAnswers, Lawyer replied 5 months ago

You can testify to any conversations you heard, admission against interest, it is an exception to the hearsay rule.You can testify about what was siad here.

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Family Lawyer: RayAnswers, Lawyer replied 5 months ago

You can testify to any conversations you heard, admission against interest, it is an exception to the hearsay rule.You can testify about what was said here.

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