It depends on the facts of a case as to whether the statute applies to a public conversation. Please recall that a private or confidential conversation is one where it takes place in circumstances that reasonably indicate that at least one party to the conversation intends for no one else to overhear it. Further, the determination as to whether a conversation is indeed private is a question of fact. This means PC 632 does not apply to those “public” conversations in which the facts show that, under the circumstances, it was not reasonable that a party to the conversation would intend for no one to hear it.