What is the defense for unlawful eavesdropping under Georgia criminal law?
Georgia’s eavesdropping statute makes it a felony to secretly overhear or record a private conversation in a private place, so a defense addresses each piece of O.C.G.A. § 16-11-62(1): clandestine manner, intent, private conversation, and private place. Violations carry 1 to 5 years, a fine of up to $10,000, or both, § 16-11-69.
A main defense is consent. Under § 16-11-66(a), nothing in § 16-11-62 “shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent.” Georgia is a one-party consent state on that basis, for the conversation one is part of.
One-party consent has limits:
- It doesn’t cover a recording of others when the recorder isn’t part of the talk.
- Video in a private place is under § 16-11-62(2), which requires the consent of “all persons observed.”
- Conversations with a child under 18 have their own process in § 16-11-66(b).
Other defenses include:
- No private place. Section 16-11-60 defines a private place as one “where there is a reasonable expectation of privacy.” A conversation in a crowded store doesn’t fit well.
- No secrecy. A visible recorder isn’t clandestine.
- Lawful authority. Police need a warrant under § 16-11-64, or an exception.
A recording made illegally can’t be used as evidence under § 16-11-67, except to prove the violation itself, which is a separate question from who gets charged. Parents monitoring a child have an exception, but only in stated circumstances.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.