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I am sorry to hear about this situation. Idaho divides taping between sound and video.
At least one party to the conversation must give consent in order to record an in-person conversation, per Idaho Code Ann. § 18-6702. There is an exception however if the parties do not have an expectation of privacy. There is no specification as to how this exception applies if the parties are having a conversation in someone else's home.
The state’s video voyeurism laws prohibit the installation of any devices capable of recording, storing or transmitting visual images to secretly view, broadcast or record a person, without that person’s knowledge and consent in an area where there is a reasonable expectation of privacy. Idaho Code Ann. § 18-6609(2). There is an exception when the parties have no reasonable expectation of privacy. Again, there is no specification as to how this exception applies if the parties are having a conversation in someone else's home.
As such, someone in your situation would be going into a "gray" area, because the statute is not specific as to how this applies if this is your house. The matter becomes even more complicated if she resides there as well. If someone in your situation does this, then this may end up being a test case in criminal or civil court. However, I doubt very much that you'd want to make this a test case to begin with. To be safe, perhaps the best thing to do is to avoid such an action.
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