Is it illegal to audio record an incriminating conversation and take pictures?

UPDATED: Sep 29, 2022

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Is it illegal to audio record an incriminating conversation and take pictures?

My father lied about a court date appearance he didn’t show because he said he had “work” when in all actuality he was at home watching the game. The court date is pertaining to the custody of my sister and I, of which we’ve been blatantly clear about we’ve told my father and everyone else we do not want to live with him. I’m ready to speak in court but my father keeps getting the court date moved. When the court date finally arrives would the evidence I’ve managed to conjure up be applicable in court?

Asked on September 27, 2015 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Pictures--yes, you can take pictures, or video without sound another person, even without his consent agreement.
Audio record--no, your state is what's commonly called a "two-party consent" state, though the proper term would be "all party consent" that means that every person who is speaking or in the conversation must agree to be recorded. If you record someone without their consent, you have committed a crime.

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