While some eyes are glued to the GOP convention, others are watching the Kanye West / Taylor Swift feud go down. The dispute concerns whether or not Ms. Swift pre-approved of some disparaging lyrics in Kanye’s new single “Famous.” To clear the air
, Kanye’s wife Kim Kardashian posted a secretly recorded conversation between Kanye and Taylor Swift.
However, the State of California, like Florida, is a “two party consent” state–
meaning that it is a crime to secretly record someone without their permission. This does not apply to recording in public, but normally does apply to private conversations, such as a phone call — a California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989). If, this happened in Florida, Kim Kardashian and Kanye could face felony charges with up to 5 years in prison, 5 years probation or a $5,000 fine.
If either “Kimye” or the “Tay Dizzle” were in California when the secret recording took place, the famous duo could be facing a criminal fine of up to $2,500 and/or imprisonment for up to a year (misdemeanor). In addition, Kim/Kanye could be sued in civil court and may be subject to civil liability in the amount of $5,000 or three times the amount of any actual damages sustained as a result. Most people don’t know that it’s a felony in Florida to record someone without their knowledge– so be careful! Read a history of the Snap-gate Kim/Kanye & Taylor beef here for a Buzzfeed article.