WATCH: Full Secret Video of Private Romney Fundraiser Mitt Romney wanted the full tape. Here it is.

http://www.cnbc.com/id/49074226

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And according to Florida Attorney Marc Nurik, that means whoever made the tape may well have committed a third degree felony under Florida law, which is theoretically punishable by up to 5 years in prison.

“It would be my initial opinion that if you’re in a private home, in a private gathering with no media present, you have the expectation that your communications are not going to be intercepted,” Nurik said. “Somebody secretly taping it without Romney’s consent would be in violation of Florida statute, in my opinion.”

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However, another Florida attorney said Tuesday that Romney’s own comments after the tapes emerged could damage any legal case against the taper, whose identity is unknown. In a hastily arranged press conference Monday evening, Romney said that the message he delivered to the donors on the tape is essentially the same he delivers publicly. ... That, said Florida attorney Edward Birk, may be enough to inoculate the taper, based on previous Florida cases that hinged upon whether or not the communications recorded were essentially the same as the person would say anywhere. “If I’m a court, I’m going to go out on a limb and say, no, it’s not a violation because he would say that anywhere,” Birk said. “But it’s really on the fringe.”

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Birk also pointed out that the homeowner, Mark Leder, might have a case – particularly if the taper was a member of the catering staff at the event. “I’d want to see if there was anything in the contract with the caterer,” Birk said. “I think the homeowner could have a civil action.”