15 §709. Definitions
Title 15: COURT PROCEDURE -- CRIMINAL
Part 2: PROCEEDINGS BEFORE TRIAL HEADING: PL 1991, C. 402, §2 (RPR)
Chapter 102: INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS
§709. Definitions
The following words and phrases as used in this chapter, unless the context otherwise indicates, shall have the following meanings. [1973, c. 561, (NEW).]
1. Communication common carrier. "Communication common carrier" means any telephone or telegraph company.
[ 1973, c. 561, (NEW) .]
1-A. Administration of criminal justice. "Administration of criminal justice" has the same meaning as in Title 16, section 611, subsection 1.
[ 1987, c. 680, §1 (NEW) .]
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.
[ 1973, c. 561, (NEW) .]
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 [1973, c. 561, (NEW).]
B. A hearing aid or similar device being used to correct subnormal hearing to not better than normal. [1973, c. 561, (NEW).]
[ 1973, c. 561, (NEW) .]
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; [1979, c. 701, §11 (AMD).]
B. A person within the range of normal unaided hearing or subnormal hearing corrected to not better than normal; or [1973, c. 561, (NEW).]
C. A person given prior authority by the sender or receiver. [1979, c. 701, §11 (AMD).]
[ 1979, c. 701, §11 (AMD) .]
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.
[ 1997, c. 361, §1 (AMD) .]
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.
[ 1997, c. 361, §2 (NEW) .]
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.
[ 1973, c. 561, (NEW) .]
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.
[ 1973, c. 561, (NEW) .]
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.
[ 1973, c. 561, (NEW) .]
SECTION HISTORY
1973, c. 561, (NEW). 1979, c. 701, §11 (AMD). 1987, c. 680, §1 (AMD). 1997, c. 361, §§1,2 (AMD).