HARRY HUGHES, Governor

2609

(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
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, any felony punishable under the
"Arson and Burning" subheading of Article 27, bribery, extortion,
or dealing in controlled dangerous substances, including
violations of Article 27, § 286B or § 287A, or any conspiracy to
commit any of these offenses, OR WHERE ANY PERSON HAS CREATED A
BARRICADE SITUATION AND PROBABLE CAUSE EXISTS FOR THE
INVESTIGATIVE OR LAW ENFORCEMENT OFFICER TO BELIEVE A HOSTAGE OR
HOSTAGES MAY BE INVOLVED, 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 LAWFUL UNDER THIS SUBTITLE FOR AN

INVESTIGATIVE OR LAW ENFORCEMENT OFFICER TO INTERCEPT A WIRE OR
ORAL COMMUNICATION OF ANY PERSON WHO HAS CREATED A BARRICADE
SITUATION WHERE PROBABLY CAUSE EXISTS FOR THE INVESTIGATIVE OR