Under Alabama law, unlawful eavesdropping, criminal surveillance, and divulging information obtained through these methods are misdemeanors carrying a maximum jail sentence of one year. Ala. Code § 13A-1-2.
The eavesdropping statute criminalizes the use of “any device” to overhear or record communications without the consent of at least one party engaged in the communication, whether the eavesdropper is present or not. Ala. Code § 13A-11-31. A person cannot knowingly or recklessly divulge information obtained through illegal eavesdropping. Ala. Code § 13A-11-35.
A violation of the statute occurs when there is a willful interception of oral communications uttered by a person exhibiting an expectation that the communication would be in private, and communication is made under circumstances justifying an expectation of privacy.