Amid all the discussion about the political impact of the Mitt Romney secret taping story this week is one unanswered question: Did the person who made the tape commit a crime?
Florida is what is known as a two party state — meaning you have to have the consent of both parties to record conversations. And according to Florida Attorney Marc Nurik, that means whoever made the tape may well have committed a third degree felony under Florida law, which is theoretically punishable by up to five years in prison.
“It would be my initial opinion that if you’re in a private home, in a private gathering with no media present, you have the expectation that your communications are not going to be intercepted,” Nurik said. “Somebody secretly taping it without Romney’s consent would be in violation of Florida statute, in my opinion.”
But Nurik also said there have been very few such prosecutions in Florida and he could not remember any case in which an illicit taper had served jail time.