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Credit: Reuters/Juan Medina By Ana Tagvoryan and Joshua Briones Thu Jul 22, 2010 8:56pm EDT LOS ANGELES (Hollywood Reporter) - If you had this nagging feeling that there must be some law against recording conversations, you are right. The audio tape recording of what appears to be Mel Gibson is already the focal point for the attorneys and law enforcement involved in the high-profile domestic-violence investigation and child-custody dispute between the filmmaker and ex-girlfriend Oksana Grigorieva. If it is Gibson in the recording, is it admissible in court? According to reports, Grigorieva secretly recorded the conversation, which was banned from release by the judge overseeing the child-custody lawsuit but somehow leaked to Radar Online. In California, it is illegal to intentionally record a confidential communication without the consent of all parties to the communication. Secretly recording a confidential communication -- defined by the California Penal Code as any communication carried on in circumstances reasonably indicating that one or more of the parties desires it to be confined to the parties to the communication -- is punishable by up to a $2,500 fine or imprisonment of up to a year, or both. Gibson, as the party who was allegedly secretly recorded, may also have a civil right of action against Grigorieva for statutory damages of $5,000 or actual damages, plus payment of his attorneys' fees and costs. Of course, the possible consequences of secretly recording a confidential communication do not stop there. The recording also may not be used as evidence in any court or administrative proceeding, which, at first blush, can be a great shield for Gibson in both the child-custody dispute and domestic violence investigation. But there are exceptions. A party to a conversation may record the conversation if the communication is related to the commission of a crime against a person. In the tape, the man's voice is menacing, enraged, and filled with sexual slurs. He even threatens to hit the woman on the head with a baseball bat. Moreover, to the extent a domestic violence restraining order is in place, the "victim" may record a communication to prove that the restraining order was violated. Reports have indicated that Gibson's attorneys have already filed a contempt motion with the court for what they believe is a violation by Grigorieva of the court's order to not leak the tape. Grigorieva denies leaking the tape. If the judge believes her, Gibson's attorneys may consider going after the party disclosing the tape to the public, because the California Penal Code also makes it a crime to disclose a telephone communication without the consent of the party to whom the communication was directed. (Ana Tagvoryan and Joshua Briones, litigation attorneys at the Los Angeles office of global law firm DLA Piper, advise clients on the preservation and use of electronic information, including audio recordings.) Fashion Entertainment People Comments See All Comments (1) | Post Comment Jul 22, 2010 11:45pm EDT This article incorrectly states that it is illegal in the U.S. for one party to a phone conversation to record the other party without their knowledge. While illegal in California, many other states permit this. It is not surprising that this has been outlawed in California to protect the privacy of celebrities, who have a powerful lobby in state government. pjbthree Report As Abusive See All Comments (1) Add a Comment *We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language or appear to be spam and review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. © Copyright 2010 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index Reader Feedback Analyst Research Mobile Newsletters RSS Podcasts Widgets Your View Labs Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts Venture Capital Journal International Financing Review Project Finance International PEhub.com PE Week FindLaw Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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