We’ve heard much over the past few days about California laws on taping a conversation without one party’s knowledge. However, Maryland laws are also quite strict on secret recordings. Our Courts and Judicial Proceeds Article (“Wiretapping and Electronic Surveillance”) makes it a crime to tape another person without their consent and, as in California, illegally obtained tapes are inadmissible in Court. Maryland classifies this crime as a Felony which carries the possibility of five years of incarceration and a $10,000.00 fine.

It is also interesting to note that Maryland has made secret videotaping a distinct offense, although that statute is contained in the Criminal Law Article of our Annotated Code. So, Ms. Stiviano would not be in a better legal position had she taped Donald Sterling in the owner’s box at FedEx Field.

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