570-A:3 Manufacture, Distribution, Possession, and Advertising of Telecommunication or Oral Communication Intercepting Devices Prohibited. –
I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter, he:
(a) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of telecommunications or oral communications; or
(b) Places in any newspaper, magazine, handbill, or other publication any advertisement of:
(1) Any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of telecommunications or oral communications, or
(2) Any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of the surreptitious interception of telecommunications or oral communications.
II. It shall not be unlawful under this section for:
(a) A communications common carrier or an officer, agent, or employee of, or a person under contract with, a communications common carrier, in the normal course of the communications common carrier's business, or
(b) An officer, agent, or employee of, or a person under contract with, the state, or a political subdivision thereof, in the normal course of the activities of the state, or a political subdivision thereof, to manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of telecommunications or oral communications.
Source. 1969, 403:1. 1977, 588:17. 1995, 280:10, I, III, eff. Aug. 20, 1995.