My question involves criminal law for the state of: Wisconsin
A little background info on why a conversation with a minor was recorded: The mother of the child and the child are going through a rough patch due to upcoming family court on custody modification. One day, the child was angry with his mother for enforcing him being grounded, so he scratched and struck himself to create visible wounds, and contacted his father who called the police to investigate abuse. The police just asked questions and left the child in the custody of the mother and left. The child stated to the police he was punched, choked and scratched unprovoked. My role is that I'm a non-relative, friend of the mother, and so I chatted with the child. I recorded the audio of this conversation, where the child admitted he faked his injuries to get revenge on his mother for grounding him.
I am aware WI is a one-party consent state for recording, but the question I have is whether or not "expectation of privacy" comes into play, since the recording was done in the living room of the boy's home, and I am not a resident there. The mother was party to the conversation. Firstly, is the recording a crime? And secondly, if it isn't, would it be admissible as evidence against the incident detailed above in family court, or in general to show the behavior of the child or defend against claims of abuse?
A little background info on why a conversation with a minor was recorded: The mother of the child and the child are going through a rough patch due to upcoming family court on custody modification. One day, the child was angry with his mother for enforcing him being grounded, so he scratched and struck himself to create visible wounds, and contacted his father who called the police to investigate abuse. The police just asked questions and left the child in the custody of the mother and left. The child stated to the police he was punched, choked and scratched unprovoked. My role is that I'm a non-relative, friend of the mother, and so I chatted with the child. I recorded the audio of this conversation, where the child admitted he faked his injuries to get revenge on his mother for grounding him.
I am aware WI is a one-party consent state for recording, but the question I have is whether or not "expectation of privacy" comes into play, since the recording was done in the living room of the boy's home, and I am not a resident there. The mother was party to the conversation. Firstly, is the recording a crime? And secondly, if it isn't, would it be admissible as evidence against the incident detailed above in family court, or in general to show the behavior of the child or defend against claims of abuse?
Privacy Crimes: Is Voice Recording a Conversation with a Minor in the Home a Crime/Evidence
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