Page:1973 North Dakota Session Laws.pdf/253

CRIMES 2. A person is guilty of a class A misdemeanor if he places, in a newspaper, magazine, handbill, or other publication published in this state, an advertisement of an electronic, mechanical, or other device, knowing that the design of such device renders it primarily useful for surreptitious interception of wire or oral communications, or knowing that such advertisement promotes the use of such device for surreptitious interception of wire or oral communications.

3. It is a defense to a prosecution under this section that the actor was:

a. An officer, agent, or employee of, or a person under contract with, a communications common carrier, acting within the normal course of the business of the communications common carrier; or

b. A public servant acting in the course of his official duties or a person acting within the scope of a government contract made by a person acting in the course of his official duties.

12.1-15-04. DEFINITIONS FOR SECTIONS 12.1-15-02 TO 12.1-15-04.) In sections 12.1-15-02 through 12.1-15-04:

1. "Wire communication" means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of communications.

2. "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.

3. "Intercept" means the aural acquisition of the contents of any wire or oral communication through the use of an electronic, mechanical, or other device, or by secretly overhearing the communication.

4. "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire or oral communication other than:

a. Any telephone or telegraph instrument, equipment, or facility, or any component thereof, (A) furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by subscriber or user in the ordinary course of its business; or (B) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties.