Mom charged after putting recording device in daughter's backpack
In late September, Sims says she had enough. She tells 10 On Your Side her 9-year-old daughter was getting bullied at Ocean View Elementary. She says repeated calls and emails to the school went un-returned. [...] Sims says she took actions into her own hands. She wanted to prove that nothing was being done to help her 4th grade daughter. She put a digital recorder into her daughter's backpack in hopes of catching audio from inside the classroom. "If I'm not getting an answer from you what am I left to do?" she asked. The recorder was found. The 9-year-old was moved to a new classroom and about a month later Sims was charged by police.
[...] Sims was charged with felony use of device to intercept oral communication and misdemeanor contributing to the delinquency of a minor. The felony charge could carry five years in prison.
(Score: 2) by Runaway1956 on Thursday November 30 2017, @03:46AM (1 child)
Parental consent for the child should count for something in this case.
State laws can be confusing. If you want/need to record something, you need to check the laws, and maybe even see a lawyer first.
This might be useful in her defense: (a) To intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public; Her child, as well as all classmates are members of the public.
Don't have time to really read that page, but there seem to be loopholes in her favor.
(Score: 2) by Virindi on Thursday November 30 2017, @01:22PM
That is not what that means. It is referring to things such as broadcast radio. A communication accessible to the public, not to select members of the public.