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Can you summarize NDCC Chapter 12.1-15?
Criminal Code > Defamation - Interception of Communications
Short Summary
This legal document covers two main areas: defamation and interception of communications. In regards to defamation, it states that publishing defamatory matter or aiding in such publication is a class A misdemeanor. However, there are defenses if the matter alleged to be defamatory is true or if it was contained in a privileged communication. Defamatory matter is defined as any communication made public with actual malice or reckless disregard of the truth, which tends to expose a person to public hatred, contempt, or ridicule or to deprive them of public confidence and social intercourse. Privileged communication refers to a communication made to a person entitled to or interested in the communication by someone with innocent motives. In terms of interception of communications, intentionally intercepting or disclosing wire or oral communication is a class C felony, while secretly loitering and repeating or publishing overheard discourse or conversation is a class A misdemeanor. There are defenses to prosecution, including authorization by law, acting under color of law with party consent, or party consent without interception for criminal or unlawful purposes. The document also addresses the trafficking in intercepting devices, making it a class C felony to manufacture, possess, transport, or sell devices primarily useful for surreptitious interception. Placing advertisements promoting such devices is a class A misdemeanor. The document provides definitions for various terms related to interception of communications, such as ‘communications common carrier,’ ‘contents,’ ’electronic, mechanical, or other device,’ ‘intercept,’ ‘oral communication,’ and ‘wire communication.’ Lastly, the document mentions that inserting a microchip containing a radio frequency identification device into an individual’s body is a class A misdemeanor. The document does not specify any penalties for non-compliance or violation of its provisions.
Whom does it apply to?
Any person in North Dakota
What does it govern?
Defamation and interception of communications
What are exemptions?
Defenses to prosecution include the matter alleged to be defamatory being true or contained in a privileged communication. Exemptions to prosecution for interception of communications include authorization by law, acting under color of law with party consent, or party consent without interception for criminal or unlawful purposes. There are exemptions for individuals who are officers, agents, or employees of a communications common carrier, acting within the normal course of business, or public servants acting in the course of their official duties or individuals acting within the scope of a government contract made by a person acting in the course of their official duties.
What are the Penalties?
For criminal defamation, it is a class A misdemeanor. For interception of communications, intentionally intercepting or disclosing the contents of wire or oral communication is a class C felony, while secretly loitering and repeating or publishing overheard discourse or conversation is a class A misdemeanor. Trafficking in intercepting devices is a class C felony, and placing an advertisement promoting the use of such devices is a class A misdemeanor. Inserting a microchip containing a radio frequency identification device into an individual's body is a class A misdemeanor.
Jurisdiction
North Dakota