Ex-wife is voice recording me with out my consent.

[Mike Lee]

Jurisdiction

Texas

I live in Texas, I just found out that every time week that I met my ex-wife at Walmart to give her the kids, she would secretly voice recording me with one of her device. Can I call the police because she recording me with out my consent. My ex-wife have been doing this for several weeks. Please help me.

 

[army judge]

There's nothing you can do about the recordings, except not speak.
Texas is a ONE party consent state.
Even if you don't give consent, she can give her consent.
If you've been saying naughty things, expect her to have you hauled before a court, sooner or later.

So, from this point forward, just shut your yapper. She can't record what you don't say!

Texas's wiretapping law is a "one-party consent" law. Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Texas Penal Code § 16.02. Therefore, if you operate in Texas, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." SeeTexas Crim. Proc. Code § 18.20. Therefore, you may be able to record in-person conversations occurring in a public place, such as a street or a restaurant, without consent.

In addition to subjecting you to criminal prosecution, violating the wiretapping law can expose you to acivil lawsuit for damages by an injured party. Texas Civ. Prac. & Rem. Code § 123.002.

Consult the Reporters Committee for Freedom of the Press's Can We Tape?: Texas for more information on Texas wiretapping law.