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Secretly recording or listening to a conversation held in a private place, without the consent of all parties, whether carried out orally or by wire or electronic means, is a felony invasion of privacy under Georgia law. Ga. Code Ann. § 16-11-62.

Violation of the statute carries a penalty of imprisonment for not less than one nor more than five years or a fine not to exceed $10,000.00, or both. Ga. Code Ann. § 16-11-69. However, the law expressly provides that it does not prohibit a person who is a party to a conversation from recording, and allows recording if one party to the conversation has given prior consent. Ga. Code Ann. § 16-11-66.

It is also illegal for any person to divulge or distribute to any unauthorized person or authority the content or substance of any private message, regardless of whether it is intercepted lawfully or unlawfully.

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