As used in this chapter:
I. "Telecommunication" means the transfer of any form of information in whole or in part through the facilities of a communications common carrier. "Telecommunication" does not include any communication made through a tone-only paging system or from a tracking device.
II. "
Oral communication
" means any verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation.
III. "Intercept" means the aural or other acquisition of, or the recording of, the contents of any telecommunication or oral communication through the use of any electronic, mechanical, or other device.
IV. "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a telecommunication or oral communication other than:
(a) Any telephone or telegraph instrument, equipment, facility or any component thereof:
(1) Furnished to the subscriber or user by a communication carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business in accordance with applicable provisions of telephone and telegraph company rules and regulations, as approved by the public utilities commission;
(2) Being used by a communication common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties pursuant to this chapter;
(3) Being used by a communication common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties;
(b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.
V. "Person" means any employee or agent of the state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation.
VI. "Investigative or law enforcement officer" means any officer of the state or political subdivision thereof who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.
VII. "Contents", when used with respect to any telecommunication or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication.
VIII. "Judge of competent jurisdiction" means a judge of the superior court.
IX. "
Communications common carrier
" means a person engaged in providing communications services to the general public through transmission of any form of information between subscribers by means of wire, cable, radio or electromagnetic transmission, optical or fiber-optic transmission, or other means which transfers information without physical transfer of medium, whether by switched or dedicated facilities. A person engaged in radio or television broadcasting or any other general distribution of any form of communications shall not thereby be deemed a communications common carrier. "Communications common carrier" shall include any wireless technology that uses a wireless entry or access point to transmit or receive any form of information.
X. "Aggrieved person" means a person who was a party to any intercepted telecommunication or oral communication or a person against whom the interception was directed.
XI. "Organized crime" means the unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including but not limited to homicide, gambling, prostitution, narcotics, marijuana or other dangerous drugs, bribery, extortion, blackmail and other unlawful activities of members of such organizations.
XII. [Repealed.]
Source. 1969, 403:1. 1975, 385:1. 1985, 263:1. 1986, 53:1. 1988, 25:1, 2, 7, I. 1992, 174:1. 1995, 280:1, 2, 10, I, eff. Aug. 20, 1995. 2012, 65:1, eff. July 14, 2012. 2018, 183:1, eff. Jan. 1, 2019.