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§13-176.2.
§13-176.2.
As used in the Security of Communications Act:
1. "Aggrieved person" means a person who was a party to any
intercepted wire, oral or electronic communication or a person against
whom the interception was directed;
2. "Aural acquisition" means obtaining knowledge of a communication
through the sense of hearing which is contemporaneous with the
communication;
3. "Communication common carrier" means, for the purposes of the
Security of Communications Act only, any telephone or telegraph
company, rural telephone cooperative, communications transmission
company or other public communications company under the laws of this
state;
4. "Communication facility" means any and all public and private
instrumentalities used or useful in the transmission of writing,
signs, signals, pictures, or sounds of all kinds and includes mail,
telephone, wire, radio, and all other means of communication;
5. "Contents", when used with respect to any wire, oral or electronic
communication, includes any information concerning the substance,
purport or meaning of that communication;
6. "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature
transmitted in whole or in part by a wire, radio, electromagnetic,
photoelectronic or photooptical system, but does not include:
a. the radio portion of a cordless telephone communication that is
transmitted between the cordless telephone headset and the base unit,
b. any wire or oral communication,
c. any communication made through a tone-only paging device, or
d. any communication from a tracking device;
7. "Electronic, mechanical or other device" means any device or
apparatus which can be used to intercept a wire, oral or electronic
communication other than:
a. any telephone or telegraph instrument, equipment or facility or any
component thereof furnished to the subscriber or user by a
communication common carrier or other lawful supplier in the ordinary
course of its business which is being used by the subscriber or user
in the ordinary course of its business, or being used by a
communication common carrier in the ordinary course of business or
being used by a law enforcement officer in the ordinary course of his
duties,
b. a hearing aid or similar device being used to correct subnormal
hearing to not better than normal;
8. "Intercept" means the aural acquisition of the contents of any
wire, oral or electronic communication through the use of any
electronic, mechanical or other device;
9. "Judge of competent jurisdiction" means the Presiding Judge of the
Court of Criminal Appeals;
10. "Law enforcement officer" means any person who is employed by the
United States, this state or political subdivision thereof and is
empowered by law to conduct investigations of, or to make arrests for,
offenses enumerated in the Security of Communications Act or similar
federal offenses and any attorney authorized by law to prosecute or
participate in the prosecution of such offenses;
11. "Oral communication" means any communication uttered by a person
exhibiting an expectation that such communication is not subject to
interception under circumstance justifying such expectation;
12. "Person" means any individual, partnership, association,
joint-stock company, trust, corporation or political subdivision
including an employee or agent thereof; and
13. "Wire communication" means any communication made in whole or in
part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection
between the point of origin and the point of reception furnished or
operated by any person engaged as a communication common carrier in
providing or operating such facilities for the transmission of
intrastate, interstate or foreign communications.
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