Taylor Swift is likely to prosecute Kanye West for recording her phone call without her consent but the dramatic rap star is still far from jail.
After the video was leaked, Taylor Swift quickly released a statement about the whole issue. Later in the day Taylor Swift reached out to her lawyers and is considering taking legal action against Kanye West. Apparently, Taylor Swift knew about the video for months and sent a letter written by her lawyers to Kanye West.
"Demand is hereby made that you immediately destroy all such recordings, provide us of assurance that this has been done, and also assurance that these recordings have not been previously disseminated" read a section of the letter.
In California laws, anyone who secretly records a telephone conversation with another person within the state, commits a felony. According to TMZ, a source close to Kanye West claims the phone conversation was recorded in a studio in Los Angeles.
In the state of California, it is a crime to record or eavesdrop on a phone call, private conversation and any other form of verbal communication without the consent of the parties involved. The punishment for this crime is a year in county jail or a $2,500 fine. Beyond this, Taylor Swift could also pursue civil damages with a lawsuit.
“California is an ‘all-party consent’ wiretapping state. What that means is, even on things like a conference call, before you record it, you’re supposed to announce to everyone, ‘I’m going to record this call” Chris Hoofnagle, professor of law at the University of California told Guardian.
Clearly Kanye West fell foul of the law here. It would be interesting to see Kanye West locked up behind bars for this. There is only a small chance that he could end up in jail but weirder things have happened in Hollywood. For a rapper who doesn't embody violence in his music, Kanye West has had a few legal issues recently.
In March 2014, Mr. West was hit with two years' probation for the misdemeanor battery conviction after assaulting a paparazzi Daniel Ramos in 2013. Kanye West was required to 24 anger management sessions and also perform 250 hours of community service. He was also ordered to pay restitution to Ramos.
Kanye West loves courting trouble. Last month the eccentric rapper dared the celebrities whose wax images appeared in his music video 'Famous' to sue him. You've just got to love the brashness of Kanye West sometimes.
So is there any possibility in the future that we could see Kanye West in jail? Possibly. He is a rebel who breaks rules and makes his own as he goes. One day he could break a rule that could see him in prison. Right now, with this Taylor Swift situation I don't think Yeezy is going to be a convict. Maybe he will get a fine, I don't see prison being an option here.