Chapter 21: Crimes And Punishments


Article 40: Crimes Involving Violations Of Personal Rights

Statute 21-4001: Eavesdropping. (a) Eavesdropping is knowingly and without lawful authority:

      (1)   Entering into a private place with intent to listen surreptitiously to private conversations or to observe the personal conduct of any other person or persons therein;

      (2)   installing or using outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place, which sounds would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy therein;

      (3)   installing or using any device or equipment for the interception of any telephone, telegraph or other wire communication without the consent of the person in possession or control of the facilities for such wire communication; or

      (4)   installing or using a concealed camcorder, motion picture camera or photographic camera of any type, to secretly videotape, film, photograph or record by electronic means, another, identifiable person under or through the clothing being worn by that other person or another, identifiable person who is nude or in a state of undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.

      (b)   A "private place" within the meaning of this section is a place where one may reasonably expect to be safe from uninvited intrusion or surveillance, but does not include a place to which the public has lawful access.

      (c)   It shall not be unlawful for an operator of a switchboard, or any officer, employee, or agent of any public utility providing telephone communications service, whose facilities are used in the transmission of a communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity which is incident to the rendition of public utility service or to the protection of the rights of property of such public utility.

      (d)   Eavesdropping is a class A nonperson misdemeanor.

      History:   L. 1969, ch. 180, § 21-4001; L. 1992, ch. 239, § 184; L. 1993, ch. 291, § 132; L. 2000, ch. 181, § 7; July 1.