While we were all sitting here refreshing our Twitter and Snapchat feeds to see what someone might say next, the drama between Taylor Swift , Kim Kardashian and Kanye West might actually lead to a real legal battle that could cost the couple more than just a loss of some Twitter followers and a lump sum of cash.

E! News spoke with criminal defense attorney and legal expert Troy Slaten (who's not involved in the case), and he explained that Kimye could have to pay a hefty price for releasing the recording of Swift. Why? Because, if the singer didn't know the recording took place—which she claimed in a response to the recording on Sunday—it would be a violation of California's eavesdropping statute.

"Kim and Kanye [could] face criminal prosecution for a violation of California's eavesdropping statute," Slaten explained to us. "California is a two-party consent state, which means that any recording of a telephone conversation needs to have consent of both parties. If Swift didn't know she was being recorded then that in and of itself is a crime."

But it's not just Kanye that would be prosecuted for recording the conversation. Kim may also be found at fault. "It's a crime to record the recording of that illegal conversation as well," the lawyer continued. "So, both Kim and Kanye face prosecution for a violation of California's [eavesdropping statute]."

Not to mention, this type of violation is known as a "wobbler," which Slaten explained means that it's up to the discretion of the prosecutor to charge it as either a misdemeanor or a felony.

"The potential criminal punishment on a misdemeanor for [this type of] violation is up to a year in county jail and/or a $2,500 fine," Slaten explained. "For a felony, it's up to three years in state prison and/or $2,500 fine on a first offense. On a second offense, it's up to a $10,000 fine. To decide whether or not it's a misdemeanor or felony the prosecutor takes into account a person's criminal history and the severity of the violation."

But it doesn't just end there. Another factor in all of this is the potential for a defamation lawsuit.

"The penal code for this particular crime also has a civil component: it allows the victim of this crime to seek damages in civil court for three times the amount of damage," Slaten explained to us. "It's a little bit different than a defamation suit; you don't have to prove that you were defamed, you just have to prove your damages as a result of the illegal recording so it doesn't even have to be defamatory."

He added, "So [Taylor] could sue under the statute, plus defamation, plus intentional infliction of emotional distress. Those are other avenues of recovery potentially for her."

And if Taylor was able to prove the damages she incurred as a result of the illegal recording, she could potentially sue Kimye for three times the amount of whatever those are.

Source:
courtesy of E!ONLINE

by Kendall Fisher & Alli Rosenbloom

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