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2802 LAWS OF MARYLAND Ch. 692
has not been registered in accordance with subsection
(a).
(c) Violation of any provision of subsection (b)
shall constitute a misdemeanor, punishable upon
conviction thereof by a fine of not more than five
hundred dollars ($500.00) or imprisonment for not more
than one year or both. Any such device may be seized
upon court order or under a warrant; and upon conviction
of a violation of subsection (b), the device with respect
to which such violation was committed shall be forfeited
to the State of Maryland, the same to be delivered to the
State Police.
(d) As used in this section, the terms
"wiretapping and/or eavesdropping device" and "device"
include every device, instrument, apparatus, or
equipment, which is designed or especially redesigned to
be adapted or actually adapted for the purpose of (1)
secretly overhearing or reporting any part of the
conversation or words spoken to or by any person in
private conversation without the knowledge or consent,
expressed or implied, of that person, (2) intercepting or
obtaining or attempting to obtain the whole or any part
of a telephonic or telegraphic communication without the
knowledge and consent of the participants thereto. As
used in the preceding subsections of this section
"person" includes any firm, association, or corporation;
provided, however, that nothing in this section shall be
construed or applied to affect (1) a public law
enforcement officer of this State in the duly authorized
performance of his duties, or (2) an employee of a
telephone or telegraph company, as defined in Article 78
of this Code, while in the regular course of his
employment by such company and engaged in company
business.]
[585.
Any person or persons who shall willfully intercept
or tap any telephonic or telegraphic communications in
any manner other than pursuant to an order under the
provisions of §§ 10-401 through 10-408 of the Courts
Article of the Code, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be subject
to a fine of not more than one thousand dollars
($1,000.00) or to imprisonment for not more than ninety
(90) days or to both such fine and imprisonment in the
discretion of the court. Provided, however, that nothing
in this section shall apply to the Federal Bureau of
Investigation or to any other federal investigating
agency; and provided further that nothing in this section
shall apply to an employee or authorized agent of a
telephone or telegraph company, while engaged in the
official and authorized course of his employment.]
SECTION 2. AND BE IT FURTHER ENACTED, That Sections
10-401 through 10-408 of Article - Courts and Judicial
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