I had a recorder in my childs toy when she went for her visit with her father. He took the recorder out of the toy and kept it. Was a crime commited

Asked 11/1/2009 under Criminal Defense | 145 View(s) | More Legal Topics

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Criminal Defense Law Answers

No crime was committed by removing the recorder. However, if he keeps it, then he is keeping your property--that may constitute theft if he does not return it.

The only crime committed might be by you.  Ohio is a "1-party consent state".  That means that at least one party to a recorded conversation must consent to it.  I assume that you did not get your husband's permission, and your daughter is a child, therfore legally not able to give consent.  You could possibly be charged with a crime; illegal recording is both a state and federal offense.  Right now, you should consult with an attorney in your area as to this.

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