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Interception of Wire and Oral Communications 15 M.R.S. § 709 (2005) -Definitions

Maine - TITLE 15. COURT PROCEDURE--CRIMINAL
PART 2. PROCEEDINGS BEFORE TRIAL
CHAPTER 102. INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS

15 M.R.S. § 709 (2005)
§ 709. Definitions

The following words and phrases as used in this chapter, unless the context otherwise indicates, shall have the following meanings.

1. COMMUNICATION COMMON CARRIER. "Communication common carrier" means any telephone or telegraph company.

1-A. ADMINISTRATION OF CRIMINAL JUSTICE. "Administration of criminal justice" has the same meaning as in Title 16, section 611, subsection 1.

2. CONTENTS. "Contents," when used with respect to any wire or oral communication, means any information concerning the identity of the parties to such communication or the existence, contents, substance, purport or meaning of that communication.

3. INTERCEPTING DEVICE. "Intercepting device" means any device or apparatus which can be used to intercept a wire or oral communication other than:

A. Any telephone or telegraph instrument, equipment or facility or
any component thereof being used by a communication common carrier in
the ordinary course of its business or extension telephones used by a
subscriber to telephone service; or

B. A hearing aid or similar device being used to correct subnormal
hearing to not better than normal.

4. INTERCEPT. "Intercept" means to hear, record or aid another to hear or record the contents of any wire or oral communication through the use of any intercepting device by any person other than:

A. The sender or receiver of that communication;

B. A person within the range of normal unaided hearing or subnormal
hearing corrected to not better than normal; or

C. A person given prior authority by the sender or receiver.

4-A. INVESTIGATIVE OFFICER. "Investigative officer" means an employee of the Department of Corrections designated by the Commissioner of Corrections as having the authority to conduct investigations of offenses relating to the security or orderly management of a facility administered by the department.

4-B. COUNTY JAIL INVESTIGATIVE OFFICER. "County jail investigative officer" means an employee of a county jail designated by the county jail administrator as having the authority to conduct investigations of offenses relating to the security or orderly management of the county jail.

5. ORAL COMMUNICATIONS. "Oral communications" means any oral communications uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.

6. PERSON. "Person" means any individual, partnership, association, joint stock company, trust or corporation, or any other legal entity, whether or not any of the foregoing is an officer, agent or employee of the United States, a state or a political subdivision of a state.

7. WIRE COMMUNICATION. "Wire communication" means any communication made in whole or in part through the use of facilities for transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception.


15 M.R.S. § 710 (2005)
§ 710. Offenses

1. INTERCEPTION, ORAL COMMUNICATIONS PROHIBITED. Any person, other than an employee of a common carrier as defined in this chapter, a law enforcement officer or an investigative officer as defined in this chapter, carrying out practices otherwise permitted by this chapter, who intentionally or knowingly intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept, any wire or oral communication is guilty of a Class C crime.

2. EDITING OF TAPE RECORDINGS IN JUDICIAL PROCEEDINGS PROHIBITED. Any person who knowingly or intentionally edits, alters or tampers with any tape, transcription or other sound recording, or knows of such editing, altering or tampering, and presents that recording in any judicial proceeding or proceeding under oath, without fully indicating the nature of the changes made and the original state of the recording, is guilty of a Class C crime.

3. DISCLOSURE, OR USE OF WIRE OR ORAL COMMUNICATIONS PROHIBITED. A person is guilty of a Class C crime if he:

A. Intentionally or knowingly discloses or attempts to disclose to
any person the contents of any wire or oral communication, knowing
that the information was obtained through interception; or

B. Intentionally or knowingly uses or attempts to use the contents of
any wire or oral communication, knowing that the information was
obtained through interception.

4. DUTY TO REPORT. Any communications common carrier shall promptly report to the Attorney General any facts coming to its attention in the conduct of its business which may indicate a possible violation of this section and such carrier shall adopt reasonable rules to assure compliance with this subsection, provided such carrier shall not be liable to any person who may claim an injury arising out of any such report, if made in good faith. Any person violating this subsection shall be subject to a civil penalty not to exceed $ 5,000, payable to the State, to be recovered in a civil action.

5. POSSESSION OF INTERCEPTION DEVICES PROHIBITED. A person, other than an employee of a common carrier as defined in this chapter, a law enforcement officer or an investigative officer as defined in this chapter, carrying out practices otherwise permitted by this chapter, who has in his possession any device, contrivance, machine or apparatus designed or commonly used for intercepting wire or oral communications defined in this chapter, is guilty of a Class C crime.

6. SALE OF INTERCEPTION DEVICES PROHIBITED. A person who sells, exchanges, delivers, barters, gives or furnishes or possesses with an intent to sell any device, contrivance, machine or apparatus designed or commonly used for the interception of wire or oral communications as defined in this chapter is guilty of a Class B crime. This subsection shall not include devices manufactured under written contract for sale to common carriers, law enforcement agencies and the Department of Corrections, provided that the production of any such device shall not have commenced prior to the signing of the contract by both parties.