§ 12-5.1-1 - Definitions.
SECTION 12-5.1-1
§ 12-5.1-1 Definitions. – As used in this chapter:
(1) "Aggrieved person" means an individual who was a party toany intercepted wire, electronic, or oral communication or against whom theinterception was directed.
(2) "Communications common carrier" has the same meaninggiven the term "common carrier" by 47 U.S.C. § 153(10).
(3) "Contents", when used with respect to any wire,electronic, or oral communication, includes any information concerning theidentity of the parties to that communication or the existence, substance,purport, or meaning of that communication.
(4) "Designated offense" means the offenses of:
(i) Murder, robbery, kidnapping, extortion, assault with adangerous weapon, and assault with intent to rob or murder;
(ii) Arson in the first degree, arson in the second degree,or arson in the third degree;
(iii) Bribery or larceny involving the receipt of stolenproperty of a value of more than five hundred dollars ($500);
(iv) Any violation of chapter 28 of title 21 where theoffense is punishable by imprisonment for more than one year;
(v) Any violation of chapters 19, 47, or 51 of title 11,where the offense is punishable by imprisonment for more than one year;
(vi) The lending of money at a rate of interest in violationof law;
(vii) Being a fugitive from justice for any of the offensesprovided in this subdivision; and
(viii) Conspiracy to commit any of the offenses provided inthis subdivision.
(5) "Electronic communication" means any transfer of signs,signals, writing, images, sounds, data, or intelligence of any naturetransmitted in whole or in part by a wire, radio, electromagnetic,photoelectronic or photooptical system, but does not include:
(i) Any wire or oral communication;
(ii) Any communication made through a tone-only pagingdevice; or
(iii) Any communication from a tracking device.
(6) "Electronic communication service" means any servicewhich provides to users the ability to send or receive wire or electroniccommunications.
(7) "Electronic, mechanical, or other device" means anydevice or apparatus which can be used to intercept wire, electronic, or oralcommunications other than:
(i) Any telephone or telegraph instrument, equipment, orfacility or any component of telephone or telegraph instruments, equipment, orfacilities, furnished to the subscriber or user by a provider of wire orelectronic communication service in the ordinary course of its business, andbeing used by the subscriber or user in the ordinary course of business, or byan investigative or law enforcement officer in the ordinary course of his orher duties; or
(ii) A hearing aid or similar device which is being used tocorrect subnormal hearing to normal.
(8) "Intercept" means aural or other acquisition of thecontents of any wire, electronic, or oral communication through the use of anyelectronic, mechanical, or other device.
(9) "Investigative or law enforcement officer" means anyofficer of the United States, this state, or a political subdivision of thisstate, who is empowered by law to conduct investigations of, or to make arrestsfor, the designated offenses, the attorney general, and his or her assistants.
(10) "Oral communications" means any oral communicationuttered by a person exhibiting an expectation that the communication is notsubject to interception under circumstances justifying that expectation, butthe term does not include any electronic communication.
(11) "Person" means any individual, partnership, association,joint stock company, trust, or corporation, whether or not any of the foregoingis an officer, agent, or employee of the United States, a state, or a politicalsubdivision of a state.
(12) "User" means any person or entity who:
(i) Uses an electronic communication service; and
(ii) Is duly authorized by the provider of the service toengage in that use; photooptical or photoelectronic facilities for thetransmission of electronic communications, and any computer facilities orrelated electronic equipment for the electronic storage of the communications.
(13) "Wire communications" means any aural transfer made inwhole or in part through the use of facilities for the transmission ofcommunications by the aid of wire, cable, or other like connection between thepoint of origin and the point of reception, (including the use of theconnection in a switching station) furnished or operated by any person engagedin providing or operating the facilities for the transmission ofcommunications. The term includes any electronic storage of the communication.