Section 23A-35A-34 – Good faith reliance on court order as complete defense.
23A-35A-34. Good faith reliance on court order as complete defense. A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, or any other law. Source: SL 1988, ch 194, §14.
Section 23A-35A-20 – Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony.
23A-35A-20. Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony. Except as provided in §23A-35A-21, a person is guilty of a Class 5 felony who is not: (1)A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or […]
Section 23A-35A-21 – Exemptions from chapter.
23A-35A-21. Exemptions from chapter. The following is exempt from the provisions of this chapter: (1)Wiretapping and eavesdropping pursuant to an ex parte order granted pursuant to §23A-35A-6; (2)The normal use of services, equipment, and facilities provided by a common carrier pursuant to tariffs on file with the Public Utilities Commission of the State of South […]
Section 23A-35A-22 – Use of pen register or trap and trace device without court order prohibited–Violation as misdemeanor.
23A-35A-22. Use of pen register or trap and trace device without court order prohibited–Violation as misdemeanor. Except as provided in §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, no person may install or use a pen register or a trap or trace device without first obtaining a court order under §23A-35A-27. A violation of this section is […]
Section 23A-35A-23 – Application of prohibition to provider of wire or electronic communication service.
23A-35A-23. Application of prohibition to provider of wire or electronic communication service. The prohibition in §23A-35A-22 does not apply with respect to the use of a pen register or a trap and trace device by a provider of wire or electronic communication service: (1)Relating to the operation, maintenance, and testing of a wire or electronic […]
Section 23A-35A-10 – Duration of order–Extensions.
23A-35A-10. Duration of order–Extensions. No order entered under this section may authorize the interception of any wire, electronic, or oral communication for any period longer than is necessary to achieve the objective of the authorization, in any event no longer than thirty days. Any extension of any order may be granted, but only upon application […]
Section 23A-35A-11 – Authority for eavesdropping–Retention of orders and papers by applicant–Copy of order retained by judge.
23A-35A-11. Authority for eavesdropping–Retention of orders and papers by applicant–Copy of order retained by judge. Any ex parte order for wiretapping and eavesdropping, together with the papers upon which the application was based, shall be delivered to and retained by the applicant during the duration of the wiretap as authority for the eavesdropping authorized therein. […]
Section 23A-35A-12 – Sealing of applications and orders–Custody–Disclosure for good cause.
23A-35A-12. Sealing of applications and orders–Custody–Disclosure for good cause. After the termination of the authorized eavesdropping, applications made and orders granted under this statute shall within ten days be returned to and sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed […]
Section 23A-35A-13 – Recording of intercepted communications if possible–Sealing of recordings.
23A-35A-13. Recording of intercepted communications if possible–Sealing of recordings. The contents of any wire, electronic, or oral communication intercepted by any means authorized by this statute shall, if possible, be recorded. The recording of the contents of any wire, electronic, or oral communication under this section shall be done in a way to protect the […]
Section 23A-35A-14 – Disclosures to interested parties–Inspection of intercepted communications, application, or order–Postponement of notice.
23A-35A-14. Disclosures to interested parties–Inspection of intercepted communications, application, or order–Postponement of notice. Within ninety days after an application under §23A-35A-3 is denied, or the period of an order or extension expires, the issuing or denying judge shall cause the persons named in the order or application and any other parties to intercepted communications as […]