Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 636

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 636

(a) Every person who, without permission from all parties to
the conversation, eavesdrops on or records, by means of an electronic
device, a conversation, or any portion thereof, between a person who
is in the physical custody of a law enforcement officer or other
public officer, or who is on the property of a law enforcement agency
or other public agency, and  that person's attorney, religious
adviser, or licensed physician, is guilty of a felony.
   (b) Every person who, intentionally and without permission from
all parties to the conversation, nonelectronically eavesdrops upon a
conversation, or any portion thereof, that occurs between a person
who is in the physical custody of a law enforcement officer or other
public officer and that person's attorney, religious adviser, or
licensed physician, is guilty of a public offense.  This subdivision
applies to conversations that occur in a place, and under
circumstances, where there exists a reasonable expectation of
privacy, including a custody holding area, holding area, or anteroom.
  This subdivision does not apply to conversations that are
inadvertently overheard or that take place in a courtroom or other
room used for adjudicatory proceedings.  A person who is convicted of
violating this subdivision shall be punished by imprisonment in the
state prison, or in the county jail for a term not to exceed one
year, or by a fine not to exceed two thousand five hundred dollars
($2,500), or by both that fine and imprisonment.
   (c) This section shall not apply to any employee of a public
utility engaged in the business of providing service and facilities
for telephone or telegraph communications while engaged in the
construction, maintenance, conduct, or operation of the service or
facilities of that public utility who listens in to conversations for
the limited purpose of testing or servicing equipment.

Last modified: January 12, 2009