CHAPTER 1. APPLICABILITY AND DEFINITIONS

IC 35-33.5
    ARTICLE 33.5. INTERCEPTION OF TELEPHONICOR TELEGRAPHIC COMMUNICATIONS

IC 35-33.5-1
    Chapter 1. Applicability and Definitions

IC 35-33.5-1-1
Inapplicable to ordinary course of business
    Sec. 1. This article does not apply to the ordinary course ofbusiness pertaining to the operation of a business entity that providesor facilitates electronic communications in accordance with thebusiness entity's tariffs.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,SEC.1.

IC 35-33.5-1-2
Applicability of definitions
    Sec. 2. The definitions in this chapter apply throughout thisarticle.
As added by P.L.161-1990, SEC.3.

IC 35-33.5-1-3
"Designated offense" defined
    Sec. 3. "Designated offense" means the following:
        (1) A Class A, Class B, or Class C felony that is a controlledsubstance offense (IC 35-48-4).
        (2) Murder (IC 35-42-1-1).
        (3) Kidnapping (IC 35-42-3-2).
        (4) Criminal confinement (IC 35-42-3-3).
        (5) Robbery (IC 35-42-5-1).
        (6) Arson (IC 35-43-1-1).
        (7) Child solicitation (IC 35-42-4-6).
        (8) Human and sexual trafficking crimes under IC 35-42-3.5.
        (9) Escape as a Class B felony or Class C felony (IC 35-44-3-5).
        (10) An offense that relates to a weapon of mass destruction (asdefined in IC 35-41-1-29.4).
        (11) An attempt or conspiracy to commit an offense describedin subdivisions (1) through (10).
        (12) An offense under the law of the United States or in anotherstate or country that is substantially similar to an offensedescribed in subdivisions (1) through (11).
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,SEC.2; P.L.3-2008, SEC.247.

IC 35-33.5-1-3.5
"Electronic communication" defined
    Sec. 3.5. "Electronic communication" means any transfer of signs,signals, writing, images, sounds, data, oral communication, digitalinformation, or intelligence of any nature transmitted in whole or in

part by a wire, a radio, or an electromagnetic, a photoelectronic, ora photo-optical system.
As added by P.L.105-2007, SEC.3.

IC 35-33.5-1-4
"Extension" defined
    Sec. 4. "Extension" means an extension of the duration for whicha warrant remains effective under this article.
As added by P.L.161-1990, SEC.3.

IC 35-33.5-1-5
"Interception" defined
    Sec. 5. "Interception" means the intentional recording oracquisition of the contents of an electronic communication by aperson other than a sender or receiver of that communication,without the consent of the sender or receiver, by means of anyinstrument, device, or equipment under this article. This termincludes the intentional recording or acquisition of communicationthrough the use of a computer or a FAX (facsimile transmission)machine. The term does not include recording or acquiring thecontents of a radio transmission that is not:
        (1) scrambled or encrypted;
        (2) transmitted using modulation techniques whose essentialparameters have been withheld from the public with theintention of preserving the privacy of the communication;
        (3) carried on a subcarrier or other signal subsidiary to a radiotransmission;
        (4) transmitted over a communication system provided by acommon carrier, unless the communication is a tone onlypaging system communication; or
        (5) transmitted on frequencies allocated under part 25, subpartD, E, or F of part 74, or part 94 of the Rules of the FederalCommunications Commission, unless, in the case of acommunication transmitted on a frequency allocated under part74 that is not exclusively allocated to broadcast auxiliaryservices, the communication is a two-way voice communicationby radio.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,SEC.4.

IC 35-33.5-1-6
"Warrant" defined
    Sec. 6. "Warrant" means a warrant authorizing the interception ofelectronic communication under this article.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,SEC.5.