Caught on Sisters IPad
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In CA the video wouldn't be admissible in court as proof if criminal charges were attempted towards the provider. We are a two-party consent state when it comes to that type of stuff. Had she done it in her own home then that's different but because it was in the providers home then unfortunately I doubt it could be used against her.
That being said if the mom called to make a report to CPS and licensing then they can still view the video and hold her accountable. She could face the possibility of losing her license for good and having her home hit with a restraining order against children (besides her own kids and family of course) depending on how her state works. I haven't seen the video so I can't comment on the severity of it though.California is considered an "ALL party" state meaningALL parties involved in the taping (video or audible) must be aware or/and give permission to be recorded.
I also think the provider could use the paparazzi law too since there were children involved. From my understanding that law includes illegal image/video recording of ALL children not just those of the rich and famous. I am not positive though.
"In California, all parties to any confidential conversation must give their consent to be recorded. This applies whether the recording is done face-to-face or intercepted through some electronic communication such as a cell phone call or series of e-mail or text messages. Both civil and criminal penalties are available to victims of illegal recordings."
Hidden cameras:
The state’s disorderly conduct statute prohibits the use of “a concealed camcorder, motion picture camera, or photographic camera of any type” to secretly record a person while in a dressing room, tanning booth or while in any area where the person has a reasonable expectation of privacy. Cal. Penal Code § 647(j).
All parties to any confidential communication must give permission to be recorded, according to California’s eavesdropping law. Cal. Penal Code § 632.
(c). Additionally, California’s so-called “anti-paparazzi” law prohibits trespassing with the intent of capturing photographic images or sound recordings of people in “personal or familial activity.” Cal. Civil Code § 1708.8.
Criminal penalties:
A first offense of eavesdropping or wiretapping is punishable by a fine of up to $2,500 or imprisonment for no more than one year. Cal. Penal Code §§ 631, 632.- Flag
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