Secretly recording your spouse’s private conversations with someone else is a crime in Georgia, and the recording is worthless to you in court.
What the Statute Says
Under OCGA 16-11-62(1), it is unlawful for “[a]ny person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place.” OCGA 16-11-67 then shuts the door: “No evidence obtained in a manner which violates any of the provisions of this part shall be admissible in any court of this state except to prove violations of this part.”
There Is No Husband and Wife Exception
In Ransom v. Ransom, 253 Ga. 656 (1985), a husband tape-recorded his wife’s telephone conversations in the marital residence and wanted to use them at trial to prove her infidelity. The Georgia Supreme Court declined to read a domestic exception into the statute, holding the legislature meant “to protect all persons from invasions upon their privacy, including invasions made upon the privacy of one spouse by the other in a private place.” The tapes could not even be used to impeach her.
Nor does the content of the call change the answer. In Middleton v. Middleton, 259 Ga. 41 (1989), the Court held that “[w]aiver of privacy cannot be based on the content of the conversation.”
What You Can Record
OCGA 16-11-66(a) permits interception “where such person is a party to the communication or one of the parties to the communication has given prior consent.” Recording your own conversation with your spouse is a different thing from tapping the line.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!