State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-288

§15A‑288.  Manufacture, distribution, possession, and advertising of wire,oral, or electronic communication intercepting devices prohibited.

(a)        Except as otherwisespecifically provided in this Article, a person is guilty of a Class H felonyif the person:

(1)        Manufactures,assembles, possesses, purchases, or sells any electronic, mechanical, or otherdevice, knowing or having reason to know that the design of the device rendersit primarily useful for the purpose of the surreptitious interception of wire,oral, or electronic communications; or

(2)        Places in anynewspaper, magazine, handbill, or other publication, any advertisement of:

a.         Any electronic,mechanical, or other device knowing or having reason to know that the design ofthe device renders it primarily useful for the purpose of the surreptitiousinterception of wire, oral, or electronic communications; or

b.         Any otherelectronic, mechanical, or other device where the advertisement promotes theuse of the device for the purpose of the surreptitious interception of wire,oral, or electronic communications.

(b)        It is not unlawfulunder this section for the following persons to manufacture, assemble, possess,purchase, or sell any electronic, mechanical, or other device, knowing orhaving reason to know that the design of the device renders it primarily usefulfor the purpose of the surreptitious interception of wire, oral, or electroniccommunications:

(1)        A communicationscommon carrier or an officer, agent, or employee of, or a person under contractwith, a communications common carrier, acting in the normal course of thecommunications common carrier's business, or

(2)        An officer, agent,or employee of, or a person under contract with, the State, acting in thecourse of the activities of the State, and with the written authorization ofthe Attorney General.

(c)        An officer, agent,or employee of, or a person whose normal and customary business is to design,manufacture, assemble, advertise and sell electronic, mechanical and otherdevices primarily useful for the purpose of the surreptitious interceptions ofwire, oral, or electronic communications, exclusively for and restricted toState and federal investigative or law enforcement agencies and departments. (1995,c. 407, s. 1.)