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TITLE 12.1.  CRIMINAL CODE
CHAPTER 12.1-15.  DEFAMATION--INTERCEPTION OF COMMUNICATIONS
N.D. Cent. Code, § 12.1-15-02
§ 12.1-15-02. Interception of wire or oral communications -- Eavesdropping

1. A person is guilty of a class C felony if he:

a. Intentionally intercepts any wire or oral communication by use of any electronic, mechanical, or other device; or

b. Intentionally discloses to any other person or intentionally uses the contents of any wire or oral communication, knowing that the information was obtained through the interception of a wire or oral communication.

2. A person is guilty of a class A misdemeanor if he secretly loiters about any building with intent to overhear discourse or conversation therein and to repeat or publish the same with intent to vex, annoy, or injure others.

3. It is a defense to a prosecution under subsection 1 that:

a. The actor was authorized by law to intercept, disclose, or use, as the case may be, the wire or oral communication.

b. The actor was

(1) a person acting under color of law to intercept a wire or oral communication, and

(2) he was a party to the communication or one of the parties to the communication had given prior consent to such interception.

c.

(1) The actor was a party to the communication or one of the parties to the communication had given prior consent to such interception, and

(2) such communication was not intercepted for the purpose of committing a crime or other unlawful harm.

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