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Can we tape in Alabama?

Ala. Code � 13A-11-30, -31: Unlawful eavesdropping is defined as the overhearing or recording of the contents of a private communication without the consent of at least one person engaged in the communication. The statute has been interpreted as creating a right to privacy in communications � specifically, a right not to have communications overheard, recorded or disclosed without consent. Ages Group v. Raytheon Aircraft Co., 22 F. Supp. 2d 1310 (M.D. Ala. 1998).

Criminal eavesdropping involves the intentional use of "any device" to overhear or record communications, whether the eavesdropper is present or not, without one party's consent. Criminal eavesdropping is a misdemeanor. Ala. Code � 13A-11-31. Knowingly divulging information obtained through illegal eavesdropping is a misdemeanor as well. Ala. Code � 13A-11-35. Misdemeanors in Alabama carry a maximum jail sentence of one year. Ala. Code � 13A-1-2.

While hidden cameras are not expressly addressed, it is a misdemeanor to engage in "criminal surveillance," defined as secret observation or photography while trespassing on private property. Criminal surveillance does not include observation on a public street. Ala. Code � 13A-11-32.

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