Ohio - § 2933.52. Interception of wire, oral or electronic communications.
(A) No person purposely shall do any of the following:
(1) Intercept, attempt to intercept, or procure another person to intercept or
attempt to intercept a wire, oral, or electronic communication;
(2) Use, attempt to use, or procure another person to use or attempt to use an
interception device to intercept a wire, oral, or electronic communication, if
either of the following applies:
(a) The interception device is affixed to, or otherwise transmits a signal
through, a wire, cable, satellite, microwave, or other similar method of
connection used in wire communications;
(b) The interception device transmits communications by radio, or interferes
with the transmission of communications by radio.
(3) Use, or attempt to use, the contents of a wire, oral, or electronic
communication, knowing or having reason to know that the contents were obtained
through the interception of a wire, oral, or electronic communication in
violation of sections 2933.51 to 2933.66 of the Revised Code.
(B) This section does not apply to any of the following:
(1) The interception, disclosure, or use of the contents, or evidence derived
from the contents, of an oral, wire, or electronic communication that is
obtained through the use of an interception warrant issued pursuant to sections
2933.53 to 2933.56 of the Revised Code, that is obtained pursuant to an oral
approval for an interception granted pursuant to section 2933.57 of the Revised
Code, or that is obtained pursuant to an order that is issued or an interception
that is made in accordance with section 802 of the "Omnibus Crime Control and
Safe Streets Act of 1968," 82 Stat. 237, 254, 18 U.S.C. 2510 to 2520 (1968), as
amended, the "Electronic Communications Privacy Act of 1986," 100 Stat.
1848-1857, 18 U.S.C. 2510-2521 (1986), as amended, or the "Foreign Intelligence
Surveillance Act," 92 Stat. 1783, 50 U.S.C. 1801.11 (1978), as amended;
(2) An operator of a switchboard, or an officer, employee, or agent of a
provider of wire or electronic communication service, whose facilities are used
in the transmission of a wire or electronic communication to intercept,
disclose, or use that communication in the normal course of employment while
engaged in an activity that is necessary to the rendition of service or to the
protection of the rights or property of the provider of that service, except
that a provider of wire or electronic communication service to the public shall
not utilize service observing or random monitoring except for mechanical or
service quality control checks;
(3) A law enforcement officer who intercepts a wire, oral, or electronic
communication, if the officer is a party to the communication or if one of the
parties to the communication has given prior consent to the interception by the
officer;
(4) A person who is not a law enforcement officer and who intercepts a wire,
oral, or electronic communication, if the person is a party to the communication
or if one of the parties to the communication has given the person prior consent
to the interception, and if the communication is not intercepted for the purpose
of committing a criminal offense or tortious act in violation of the laws or
Constitution of the United States or this state or for the purpose of committing
any other injurious act;
(5) An officer, employee, or agent of a communications common carrier providing
information, facilities, or technical assistance to an investigative officer who
is authorized to intercept a wire, oral, or electronic communication pursuant to
sections 2933.51 to 2933.66 of the Revised Code;
(6) The use of a pen register in accordance with federal or state law;
(7) The use of a trap and trace device in accordance with federal or state law;
(8) A police, fire, or emergency communications system to intercept wire
communications coming into and going out of the communications system of a
police department, fire department, or emergency center, if both of the
following apply:
(a) The telephone, instrument, equipment, or facility is limited to the
exclusive use of the communication system for administrative purposes;
(b) At least one telephone, instrument, equipment, or facility that is not
subject to interception is made available for public use at each police
department, fire department, or emergency center.
(9) The interception or accessing of an electronic communication made through an
electronic communication system that is configured so that the electronic
communication is readily accessible to the general public.
(10) The interception of a radio communication that is transmitted by any of the
following:
(a) A station for the use of the general public;
(b) A governmental, law enforcement, civil defense, private land mobile, or
public safety communications system, including a police or fire system, that is
readily accessible to the general public;
(c) A station operating on an authorized frequency within the bands allocated to
the amateur, citizens band, or general mobile radio services;
(d) A marine or aeronautical communications system.
(11) The interception of a radio communication that relates to a ship, aircraft,
vehicle, or person in distress.
(12) The interception of a wire or electronic communication the transmission of
which is causing harmful interference to a lawfully operating station or
consumer electronic equipment, to the extent necessary to identify the source of
that interference.
(13) Other users of the same frequency to intercept a radio communication made
through a system that utilizes frequencies monitored by individuals engaged in
the provision or the use of that system, if the communication is not scrambled
or encrypted.
(C) Whoever violates this section is guilty of interception of wire, oral, or
electronic communications, a felony of the fourth degree.