Kentucky Eavesdropping Crimes
One of the most commonly misunderstood laws in Kentucky is the eavesdropping law. Most people are under the belief that it is illegal to record a conversation they are having with another person because we all have a right to privacy. For example, a violation of New York Penal Law 250.05 makes it illegal to listen in on a telephone call without the approval of at least one of the parties involved. The maximum term for being convicted under this statute is four years in prison. Kentucky is what is known as a “one party state.” What this means is that, generally speaking, so long as “one party” to a conversation knows it is being recorded, the recording is legal and is not considered eavesdropping, meaning no violation of privacy was made. The detection of an enhanced listening device typically indicates illegal conduct and an attempt by an adversary to obtain intelligence relating to their typically private conversations on sensitive topics in the context of the business espionage threat.
Eavesdropping is defined to mean “to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device.” Also, the Electronic Communications Privacy Act ECPA, as amended, provides protection for electronic, oral, and wire communications while they are being created, while they are being sent, and while they are being stored on computers. Email, private phone calls, and electronically stored data are covered by the Act. The police are required to obtain a court order or legal authorization in order to record the criminal activities or communications of a suspect.
This is very easy to understand by use of a quick example:
– If John wants to record a conversation he is having with his landlord, John can legally record that conversation because John knows it is being recorded. Why? Because John is a party to the conversation. If one party to the conversation knows it is being recorded, it is legal to record.
– If John wants to record a conversation between his girlfriend and her friend, John can not legally record the conversation. Why? Because no party to the conversation knows the conversation is being recorded. This is considered eavesdropping.
In Kentucky, eavesdropping is illegal.
- Eavesdropping is a Class D felony.</span
- Installing an eavesdropping device is a Class D felony.
- Possessing an eavesdropping device is a Class A misdemeanor.
- Tampering with private communications is a Class A misdemeanor.
- Divulging illegally obtained information is a Class A misdemeanor.
Our skilled eavesdropping criminal defense attorneys are always prepared to fight in your defense and to protect your rights and freedom. With three attorneys working on your case, we see to it that no stone is left unturned. Our criminal defense attorneys stay current on all of the latest court decisions that can help you have what it takes to beat your charges.
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If you have been charged with eavesdropping or installing an eavesdropping device, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
What are the penalties for Eavesdropping in Kentucky?
Eavesdropping is a Class D felony in Kentucky and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties for Installing an Eavesdropping Device in Kentucky?
Installing an eavesdropping device is a Class D felony in Kentucky and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties for Possession of an Eavesdropping Device in Kentucky?
Possession of an eavesdropping device is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00.
What are the penalties for Tampering with Private Communications in Kentucky?
Tampering with Private Communications is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00.
What are the penalties for Divulging Illegally Obtained Information in Kentucky?
Divulging Illegally Obtained Information is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months in jail as punishment. It can also carry a fine of up to $500.00.
You need a team of experienced lawyers on your side!
Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your eavesdropping charges.
When it comes to eavesdropping crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, eavesdropping charges are difficult to prove because all it takes is “one party” with knowledge the conversation was being recorded. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
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CIR Legal’s criminal defense attorney services include offering a free consultation and case review to all potential clients. If you happen to experience a criminal procedure and being charged with being an eavesdropper, you have the right to an attorney. Contact CIR Legal’s team of criminal defense attorneys to help you out. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we are ready to fight for you. Call our office at 859-636-6803 or fill out our form on this website to schedule your free consultation with a criminal defense lawyer and create a legal strategy to win your case.
Want to know more? We have included Kentucky eavesdropping laws below!
(1) A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time.
(2) Eavesdropping is a Class D felony.
If you or someone you care about has been charged with a eavesdropping crime in Kentucky, contact our reputable criminal defense lawyers or eavesdropping lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of installing an eavesdropping device when he intentionally installs or places such a device in any place with the knowledge that it is to be used for eavesdropping.
(2) Installing an eavesdropping device is a Class D felony.
If you or someone you care about has been charged with a eavesdropping crime in Kentucky, contact our reputable criminal defense lawyers or eavesdropping lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of possession of an eavesdropping device when he possesses any electronic, mechanical or other device designed or commonly used for eavesdropping with intent to use that device to eavesdrop or knowing that another intends to use that device to eavesdrop.
(2) Possession of an eavesdropping device is a Class A misdemeanor.
If you or someone you care about has been charged with a eavesdropping crime in Kentucky, contact our reputable criminal defense lawyers or eavesdropping lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of tampering with private communications when knowing that he does not have the consent of the sender or receiver, he unlawfully:
(a) Opens or reads a sealed letter or other sealed private communication; or
(b) Obtains in any manner from an employee, officer or representative of a communications common carrier information with respect to the contents or nature of a communication.
(2) The provisions of this section do not apply to the censoring of sealed letters or sealed communications for security purposes in official detention or penal facilities.
(3) Tampering with private communications is a Class A misdemeanor.
If you or someone you care about has been charged with a eavesdropping crime in Kentucky, contact our reputable criminal defense lawyers or eavesdropping lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of divulging illegally obtained information when he knowingly uses or divulges information obtained through eavesdropping or tampering with private communications or learned in the course of employment with a communications common carrier engaged in transmitting the message.
(2) Divulging illegally obtained information is a Class A misdemeanor.
If you or someone you care about has been charged with a eavesdropping crime in Kentucky, contact our reputable criminal defense lawyers or eavesdropping lawyers as soon as possible by calling 859-636-6803.
Federal Eavesdropping and Wiretapping Crimes
The federal government has its own laws regarding wiretapping. Whether you are tried by the state of Kentucky or by the federal government depends on a number of factors, such as where your arrest happened, who arrested you, what evidence was found and what alleged crime was committed.
Most eavesdropping offenses are handled by the Commonwealth, but you can be charged with a violation of federal law and tried in federal court.
There are two Federal Districts in Kentucky, the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. Each District has a number of courthouses spread out throughout their geographical region of the state.
Federal wiretapping crimes are serious and often carry heavier penalties in comparison to its state level counterparts. If federal charges have been filed against you, you need to call a trusted criminal defense attorney as soon as you can. Working with a seasoned criminal defense attorney who will defend and protect your rights against the government’s cocaine crime charges is the first step to building your defense and protecting your freedom.
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