Law / United States /
Connecticut
Connecticut Wiretapping, Tampering with Private Communications and Eavesdropping
Conn. Gen. Stat. 53a-187, 53a-188, 53a-189
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- As a person who is not a sender or receiver of a telephonic, telegraphic or cellular radio telephone communication, do not intentionally overhear or record it by instrument, device or equipment when neither the sender nor the receiver has consented; this wiretapping offense does not reach a party to the communication who records it.
- As a person not present at a conversation or discussion, do not intentionally overhear or record it by instrument, device or equipment when no party to it has consented; this mechanical-overhearing offense does not reach a participant in the conversation.
- Do not unlawfully engage in wiretapping or mechanical overhearing of a conversation.
- If you do not have the sender's or receiver's consent, do not obtain from a telephone or telegraph corporation's employee, officer or representative, by connivance, deception, intimidation or otherwise, information about the contents or nature of a telephonic or telegraphic communication, and, if you are such an employee, officer or representative, do not divulge that information to another person without that consent.
- None of these offenses reaches wiretapping by a federal, state or local criminal law enforcement official in the lawful performance of official duties.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Eavesdropping (unlawfully wiretapping or mechanically overhearing a conversation) is a class D felony. Tampering with private communications is a class A misdemeanor.
Who enforces it
Enforcement body
Criminal prosecution by the State. These sections carry no private civil remedy of their own; a separate civil action for illegal recording of a private telephonic communication is created by section 52-570d.
What this law does
Wiretapping is the intentional overhearing or recording of a telephonic, telegraphic or cellular radio telephone communication by a person other than a sender or receiver of it, without the consent of either the sender or the receiver. Mechanical overhearing of a conversation is the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party to it, by a person not present.
Both offenses therefore reach only a person who is not a sender, receiver or participant, and the consent of any one party takes the conduct outside them; a participant who records their own call or conversation commits neither offense. A person who unlawfully engages in wiretapping or mechanical overhearing of a conversation is guilty of eavesdropping, a class D felony.
Tampering with private communications is a separate offense, committed by a person who, without the sender's or receiver's consent, obtains from a telephone or telegraph corporation's employee, officer or representative information about the contents or nature of a telephonic or telegraphic communication, or who, being such an employee, officer or representative, divulges that information; it is a class A misdemeanor.
These sections do not apply to wiretapping by criminal law enforcement officials in the lawful performance of their duties. Recording of a private telephone call by a party to it is governed instead by the civil statute, section 52-570d.
When LexLint raises it
When your app profile says your app records conversations or processes voice recordings.