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Can you summarize MDCM Cts. & Jud. Proc. Section 10-402?
Short Summary
This subtitle governs the interception, disclosure, and use of wire, oral, or electronic communications. It applies to any person. The subtitle prohibits the willful interception, disclosure, or use of such communications, unless specific exemptions apply. Exemptions include operators of switchboards or employees of communication service providers, persons authorized by law with a court order, parties who have given prior consent, law enforcement officers in certain circumstances, emergency communications personnel, law enforcement personnel using body-worn recording devices, interception of readily accessible public communications, use of pen registers or trap and trace devices, interception in law enforcement investigations, and divulgence as authorized by law. Violation of this subtitle is a felony offense with penalties of imprisonment for up to 5 years, a fine of up to $10,000, or both. Lesser penalties apply to certain offenses.
Whom does it apply to?
Any person
What does it govern?
Interception, disclosure, and use of wire, oral, or electronic communications
What are exemptions?
1. Operators of switchboards or employees of providers of wire or electronic communication service, when intercepting, disclosing, or using communications in the normal course of their employment; 2. Persons authorized by federal or State law to intercept communications or conduct electronic surveillance, with a court order; 3. Parties to a communication who have given prior consent to the interception; 4. Law enforcement officers in specific circumstances; 5. Officers, employees, or agents of a governmental emergency communications center in emergency situations; 6. Law enforcement personnel utilizing body wires for officer safety; 7. Interception or access to readily accessible public communications; 8. Use of pen registers or trap and trace devices by law enforcement or electronic communication service providers; 9. Interception of communications in law enforcement investigations of telephone solicitation theft or vehicle theft; 10. Law enforcement officers intercepting oral communications with body-worn digital recording devices or electronic control devices; 11. Divulgence of communication contents as authorized by federal or State law, or to forwarding entities or law enforcement agencies.
What are the Penalties?
Felony offense with imprisonment for up to 5 years, or a fine of up to $10,000, or both. Lesser penalties for certain offenses.
Jurisdiction
Maryland