§ 11-35-21 - Unauthorized interception, disclosure or use of wire, electronic, or oral communication.
SECTION 11-35-21
§ 11-35-21 Unauthorized interception,disclosure or use of wire, electronic, or oral communication. – (a) Except as otherwise specifically provided in chapter 5.1 of title 12, anyperson: (1) who willfully intercepts, attempts to intercept, or procures anyother person to intercept or attempt to intercept, any wire, electronic, ororal communication; (2) who willfully discloses or attempts to disclose to anyperson the contents of any wire, electronic, or oral communication, knowing, orhaving reason to know that the information was obtained through interception ofa wire, electronic, or oral communication in violation of this section; or (3)who willfully uses or attempts to use the contents of any wire, electronic, ororal communication, knowing, or having reason to know, that the information wasobtained through interception of a wire, electronic, or oral communication inviolation of this section; shall be imprisoned for not more than five (5) years.
(b) The provisions of subdivisions (a)(2) and (3) of thissection shall not apply to the contents of any wire, electronic, or oralcommunication, or evidence derived from those contents, which has become commonknowledge or public information.
(c) It shall not be unlawful under this chapter for:
(1) An operator of a switchboard, or an officer, agent, oremployee of a communication common carrier, whose facilities are used in thetransmission of a wire, electronic, or oral communication, to intercept,disclose, or use that communication in the normal course of his or heremployment while engaged in any activity which is a necessary incident to therendition of his or her service or to the protection of the rights or propertyof the carrier of the communication. No communication common carrier shallutilize service observing or random monitoring except for mechanical or servicequality control checks;
(2) A person acting under color of law to intercept a wire,electronic, or oral communication, where that person is a party to thecommunication, or where one of the parties to the communication has given priorconsent to the interception; or
(3) A person not acting under color of law to intercept awire, electronic, or oral communication, where the person is a party to thecommunication, or one of the parties to the communication has given priorconsent to the interception unless the communication is intercepted for thepurpose of committing any criminal or tortious act in the violation of theconstitution or laws of the United States or of any state or for the purpose ofcommitting any other injurious act.