2506

LAWS OF MARYLAND

Ch. 442

Section 10-402

Annotated Code of Maryland

(1980 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

10-402.

(a)  Except as otherwise specifically provided in this
subtitle it is unlawful for any person to:

(1)  Wilfully intercept, endeavor to intercept, or
procure any other person to intercept or 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 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 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 lawful under this subtitle for an
investigative or law enforcement officer acting in a criminal