US Lawyer Database

Section 23A-35A-30 – Persons required to assist installation of pen register.

23A-35A-30. Persons required to assist installation of pen register. Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to install and use a pen register under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the […]

Section 23A-35A-31 – Installation of trap and trace device–Assistance–Results given to law enforcement officer.

23A-35A-31. Installation of trap and trace device–Assistance–Results given to law enforcement officer. Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under §23A-35A-1 or §§23A-35A-22 to 23A-35A-34, inclusive, a provider of a wire or electronic communication service, landlord, […]

Section 23A-35A-32 – Reasonable compensation for assistance.

23A-35A-32. Reasonable compensation for assistance. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for the reasonable expenses incurred in providing the facilities and assistance. Source: SL 1988, ch 194, §12.

Section 23A-35A-33 – Persons providing assistance immune.

23A-35A-33. Persons providing assistance immune. No cause of action may lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive. Source: […]

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 […]