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MARVIN MANDEL, Governor 2807
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ENDEAVOR TO INTERCEPT, ANY WIRE OR ORAL COMMUNICATION;
(2) WILFULLY DISCLOSE, OR ENDEAVOR TO
DISCLOSE, TO ANY OTHER PERSON THE CONTENTS OF ANY WIRE OR
ORAL COMMUNICATION, KNOWING OR HAVING REASON TO KNOW THAT
THE INFORMATION WAS OBTAINED THROUGH THE INTERCEPTION OF
A WIRE OR ORAL COMMUNICATION IN VIOLATION OF THIS
SUBTITLE; OR
(3) WILFULLY USE, OR ENDEAVOR TO USE, THE
CONTENTS OF ANY WIRE OR ORAL COMMUNICATION, KNOWING OR
HAVING REASON TO KNOW THAT THE INFORMATION WAS OBTAINED
THROUGH THE INTERCEPTION OF A WIRE OR ORAL COMMUNICATION
IN VIOLATION OF THIS SUBTITLE.
(B) ANY PERSON WHO VIOLATES SUBSECTION (A) OF THIS
SECTION IS GUILTY OF A FELONY AND IS SUBJECT TO
IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR A FINE OF
NOT MORE THAN $10,000, OR BOTH.
(C) (1) (I) IT IS NOT UNLAWFUL LAWFUL UNDER
THIS SUBTITLE FOR AN OPERATOR OF A SWITCHBOARD, OR AN
OFFICER, EMPLOYEE, OR AGENT OF ANY COMMUNICATION COMMON
CARRIER, WHOSE FACILITIES ARE USED IN THE TRANSMISSION OF
A WIRE COMMUNICATION TO INTERCEPT, DISCLOSE, OR USE THAT
COMMUNICATION IN THE NORMAL COURSE OF HIS EMPLOYMENT
WHILE ENGAGED IN ANY ACTIVITY WHICH IS A NECESSARY
INCIDENT TO THE RENDITION OF HIS SERVICE OR TO THE
PROTECTION OF THE RIGHTS OR PROPERTY OF THE CARRIER OF
THE COMMUNICATION. PROVIDED, THE COMMUNICATION COMMON
CARRIERS MAY NOT UTILIZE SERVICE OBSERVING OR RANDOM
MONITORING EXCEPT FOR MECHANICAL OR SERVICE QUALITY
CONTROL CHECKS.
(II) IT IS NOT UNLAWFUL LAWFUL UNDER
THIS SUBTITLE FOR AN OFFICER, EMPLOYEE, OR AGENT OF ANY
COMMUNICATION COMMON CARRIER TO PROVIDE INFORMATION,
FACILITIES, OR TECHNICAL ASSISTANCE TO AN INVESTIGATIVE
OR LAW-ENFORCEMENT OFFICER WHO, PURSUANT TO THIS
SUBTITLE, IS AUTHORIZED TO INTERCEPT A WIRE OR ORAL
COMMUNICATION.
(2) IT IS NOT UNLAWFUL LAWFUL UNDER THIS
SUBTITLE FOR A PERSON ACTING UNDER COLOR OF LAW AN
INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ACTING IN A
CRIMINAL INVESTIGATION OR ANY OTHER PERSON ACTING AT THE
PRIOR DIRECTION AND UNDER THE SUPERVISION OF AN
INVESTIGATIVE OR LAW ENFORCEMENT OFFICER TO INTERCEPT A
WIRE OR ORAL COMMUNICATION IN ORDER TO PROVIDE EVIDENCE
OF THE COMMISSION OF THE OFFENSES OF MURDER, KIDNAPPING,
GAMBLING, ROBBERY, BRIBERY, EXTORTION, OR DEALING IN
CONTROLLED DANGEROUS SUBSTANCES, OR ANY CONSPIRACY TO
COMMIT ANY OF THESE OFFENSES, WHERE THE PERSON IS A PARTY
TO THE COMMUNICATION OR ONE OF THE PARTIES TO THE
COMMUNICATION HAS GIVEN PRIOR CONSENT TO THE
INTERCEPTION.
(3) IT IS NOT UNLAWFUL LAWFUL UNDER THIS
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