Could Kim Kardashian and Kanye West Face Legal Action for Recording Taylor Swift’s ‘Famous’ Call?

Will “Famous” end up in court? Kim Kardashian and Kanye West could face criminal charges for recording a phone call with Taylor Swift without the singer’s consent, a legal expert tells Us Weekly.

As previously reported, the Keeping Up With the Kardashians star, 35, released a series of Snapchat videos on Sunday, July 17, showing her rapper hubby, 39, on the phone with Swift, 26, who seemingly OK’d the release of his controversial “Famous” lyric: “I feel like me and Taylor might still have sex.” Watch the video above to see the controversial new video.

Despite calling the line a “compliment” during their phone conversation, the “Bad Blood” songstress released a statement via Instagram on Monday, July 18, in which she blasted the couple for “character assassination” and insisted that she wasn’t warned about a separate lyric, in which West refers to her as “that bitch.”

Taylor Swift, Kanye West and Kim Kardashian
Taylor Swift, Kanye West and Kim Kardashian attend The 57th Annual GRAMMY Awards. Larry Busacca/Getty Images

The videos that Kardashian shared on Snapchat on Sunday night were allegedly filmed earlier this year in a California recording studio, which puts the incident under the state’s penal law.

Criminal defense attorney Paul J. Cambria tells Us that the Golden State has a “two consent rule,” whereby both parties involved in a conversation must give consent to be recorded as long as one of the parties is in California. “If you violate it, it’s a felony,” he adds.

“The mere act of recording it is the commission of the crime,” Cambria continues. “You don’t have to publish it. The mere act of recording it is the crime here.”

The legal expert noted that it is up to authorities to examine the facts to determine if they can prosecute should legal action be taken by Swift.

Kim Kardashian and Kanye West
Kim Kardashian and Kanye West attend the 2014 LACMA Art + Film Gala. Rich Polk/Getty Images

As for the possibility of a punishment? “If [authorities] find that there was a violation, and there is a conviction, then it will be all up to the judge to decide what the penalty is. Fines and jail time are an option and could be for both Kanye and Kim,” Cambria says.

It is unclear whether Kardashian filmed the original video (her Snapchat posts were merely recordings of the studio clips playing on a laptop screen), so she might be in the clear, according to Cambria.

“Whoever did the actual recording is the most at fault here and will most likely be the only one charged,” he tells Us. “Kim could face some prosecution, but less likely than whichever of them actually recorded the conversation.”

Last month, Kardashian revealed during an interview with GQ magazine that Swift previously threatened West with prosecution for secretly recording the call.

“[Taylor’s team] sent an attorney’s letter like, ‘Don’t you dare do anything with that footage,’ and asking us to destroy it,” the Selfish author told the publication at the time. “When you shoot something, you don’t stop every two seconds and be like, ‘Oh wait, we’re shooting this for my documentary.’ You just film everything, and whatever makes the edit, then you see, then you send out releases. It’s like what we do for our show [Keeping Up With the Kardashians].”

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