California's law against wiretapping, Penal Code 631 PC, lists the activities that would constitute illegal wiretapping. These are:
- Using any kind of machine or instrument to intentionally tap into, or make an unauthorized connection to, any telegraph or telephone line,
- Reading or attempting to read or learn the contents of any message passing over a telephone or other wire, willfully and without the permission of all of the parties to the message,
- Using or attempting to use or communicate any information gained in this way, AND
- Aiding or conspiring with anyone else to do any of the things on this list.
Example: Robert is in the middle of a nasty divorce from his wife. With the help of a friend who is a private investigator, Robert taps his own phone. He plans to record phone conversations with his wife and use them against her in the divorce proceeding.
Robert is guilty of the crime of wiretapping even though he put the tap on his own phone...because his plan was to use the tap to record conversations with his wife without
her permission. In addition, the private investigator friend who helped Robert set up the tap is also guilty of wiretapping.