Page:1973 North Dakota Session Laws.pdf/252

252 b. "Publication" means a knowing display of defamatory matter, or the parting with its immediate custody under circumstances which exposed the defamatory matter to be read or seen or understood by a person other than the publisher of the defamatory matter, although it is not necessary that the matter complained of should have been seen or read by another.

c."Privileged communication" means a communication made to a person entitled to or interested in the communication by one who is also entitled to or interested or who stood in such relation to the former as to afford a reasonable ground for supposing his motive innocent.

12.1-15-02, INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS EAVESDROPPING.) 1. A person is guilty of a class C felony if he:

a. Intentionally intercepts any wire or oral communication by use of any electronic, mechanical, or other device; or

b. Intentionally discloses to any other person or intentionally uses the contents of any wire or oral communication, knowing that the information was obtained through the interception of a wire or oral communication.

2. A person is guilty of a class A misdemeanor if he secretly loiters about any building with intent to overhear discourse or conversation therein and to repeat or publish the same with intent to vex, annoy, or injure others.

3. It is a defense to a prosecution under subsection 1 that:

a. The actor was authorized by law to intercept, disclose, or use, as the case may be, the wire or oral communication.

b. The actor was (1) a person acting under color of law to intercept a wire or oral communication, and (2) he was a party to the communication or one of the parties to the communication had given prior consent to such interception.

c. (1) The actor was a party to the communication or one of the parties to the communication had given prior consent to such interception, and (2) such communication was not intercepted for the purpose of committing a crime or other unlawful harm,

12.1-15-03. TRAFFIC IN INTERCEPTING DEVICES.) 1. A person is guilty of a class C felony if, within this state, he manufactures, assembles, possesses, transports, or sells an electronic, mechanical, or other device, knowing that the design of such device renders it primarily useful to the purpose of the surreptitious interception of wire or oral communications,