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Can you summarize 13A ALCA Chapter 11, Article 2?
OFFENSES AGAINST PUBLIC ORDER AND SAFETY. > Offenses Against Privacy.
Short Summary
The provided legal document content pertains to offenses against privacy under the Criminal Code of Alabama. It covers various offenses related to eavesdropping, surveillance, and the possession or installation of eavesdropping devices. The document states that any eavesdropping or surveillance device used in violation of the law may be forfeited to the state and turned over to the Alabama State Law Enforcement Agency. The crime of divulging illegally-obtained information is committed when someone knowingly or recklessly uses or divulges information obtained through criminal eavesdropping or surveillance, and it is classified as a Class B misdemeanor. There are exemptions to this offense, including peace officers engaged in lawful duties, communication common carrier officers or employees intercepting communication in the normal course of their employment, and individuals relying in good faith on a lawful court order or legislative authorization. Aggravated criminal surveillance, which involves intentional surveillance of an individual without consent in a place where they have a reasonable expectation of privacy for sexual gratification, is classified as a Class C felony. Criminal possession of an eavesdropping device, intending to use or knowing another person intends to use the device for eavesdropping, is a Class A misdemeanor. Installing an eavesdropping device without permission in a private place is a Class C felony. Criminal eavesdropping, intentionally using any device to eavesdrop, is a Class A misdemeanor. Criminal surveillance, intentionally engaging in surveillance while trespassing in a private place, is a Class B misdemeanor. The document also provides definitions for terms used, including eavesdrop, private place, and surveillance. No specific exemptions or penalties are mentioned for criminal possession of an eavesdropping device, installing an eavesdropping device, criminal eavesdropping, or criminal surveillance.
Whom does it apply to?
All individuals within the jurisdiction of Alabama
What does it govern?
Offenses Against Privacy
What are exemptions?
1) Peace officers engaged in the lawful performance of their duties, 2) Officers, employees, or agents of a communication common carrier who intercept, disclose, or use communication transmitted through the facilities of that carrier in the normal course of their employment and for the protection of the carrier's rights or property, 3) Individuals who rely in good faith on a lawful court order or legislative authorization
What are the Penalties?
Divulging illegally-obtained information: Class B misdemeanor; Aggravated criminal surveillance: Class C felony; Criminal possession of an eavesdropping device: Class A misdemeanor; Installing an eavesdropping device: Class C felony; Criminal eavesdropping: Class A misdemeanor; Criminal surveillance: Class B misdemeanor
Jurisdiction
Alabama