11 Del. C. § 2402 (2006)
§ 2402. Interception of communications generally; divulging contents of
communications, violations of chapter
(a) Prohibited acts. -- Except as specifically provided in this chapter or
elsewhere in this Code no person shall:
(1) Intentionally intercept, endeavor to intercept, or procure any other person
to intercept or endeavor to intercept any wire, oral or electronic
communication;
(2) Intentionally disclose or endeavor to disclose to any other person the
contents of any wire, oral or electronic communication, knowing or having reason
to know that the information was obtained through the interception of a wire,
oral or electronic communication in violation of this chapter; or
(3) Intentionally use or endeavor to use the contents of any wire, oral or
electronic communication, knowing or having reason to know that the information
was obtained through the interception of a wire, oral or electronic
communication in violation of this chapter.
(b) Penalties for violation of subsection (a). -- Any person who violates
subsection (a) of this section shall be guilty of a class E felony and be fined
not more than $ 10,000.
(c) Lawful acts. -- It is lawful:
(4) For a person to intercept a wire, oral or electronic communication where the
person is a party to the communication or where one of the parties to the
communication has given prior consent to the interception, unless the
communication is intercepted for the purpose of committing any criminal or
tortious act in violation of the constitutions or laws of the United States,
this State or any other state or any political subdivision of the United States
or this or any other state.