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Can you summarize WVCO Chapter 62, Article 1D?
CRIMINAL PROCEDURE. > WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT.
Short Summary
The West Virginia Wiretapping and Electronic Surveillance Act governs wiretapping and electronic surveillance activities. It defines various terms related to these activities and provides exceptions for certain devices and circumstances. The act prohibits the intentional interception, attempt to intercept, disclosure, or use of wire, oral, or electronic communications, knowing or having reason to know that it was obtained through interception in violation of the act. Violation of this provision is a felony, punishable by imprisonment for up to five years, a fine of up to $10,000, or both. There are exemptions for switchboard operators, officers, employees, or providers of wire or electronic communication services who intercept, disclose, or use communications in the normal course of their employment or for the protection of the carrier’s rights or property. Providers of wire or electronic communication services may provide information, facilities, or technical assistance to authorized persons if they have a court order directing such assistance. It is also lawful for a person to intercept a communication if they are a party to the communication or if one of the parties has given prior consent, unless the interception is for the purpose of committing a criminal or tortious act. Electronic interceptions are regulated solely by the provisions of another article, and the penalties and requirements of this article do not apply to them. The act also governs the manufacture, possession, or sale of intercepting devices. It is a misdemeanor to manufacture, assemble, possess, or sell any device primarily useful for the illegal interception of wire, oral, or electronic communications. The penalties for such offenses include imprisonment in the county jail for up to one year, a fine of up to $5,000, or both. However, there are exemptions provided for certain entities and individuals, including providers of wire or electronic communication services, officers, agents, or employees of such providers, persons under contract with the United States, law enforcement officers, and employees of law enforcement agencies. It is lawful for these exempted entities and individuals to manufacture, assemble, possess, or sell devices designed for or primarily useful for the purpose of illegal interception, as long as it is within the normal course of their business or lawful activities. Additionally, law enforcement officers and employees of law enforcement agencies must be specifically authorized by the chief administrator of the agency to assemble or possess such devices for a particular law enforcement purpose, and the device must be registered in accordance with the Wiretapping and Electronic Surveillance Act.
Whom does it apply to?
Any person involved in wire, oral, or electronic communications
What does it govern?
Wiretapping and electronic surveillance
What are exemptions?
Switchboard operators, officers, employees, or providers of wire or electronic communication services who intercept, disclose, or use communications in the normal course of their employment or for the protection of the carrier's rights or property; providers of wire or electronic communication services may provide information, facilities, or technical assistance to authorized persons with a court order; interception is lawful if the person is a party to the communication or if one of the parties has given prior consent, unless the interception is for the purpose of committing a criminal or tortious act; electronic interceptions are regulated solely by the provisions of another article
What are the Penalties?
Felony punishable by imprisonment for up to five years, a fine of up to $10,000, or both for intentional interception, attempt to intercept, disclosure, or use of intercepted communication in violation of the article; misdemeanor punishable by imprisonment in the county jail for up to one year, a fine of up to $5,000, or both for manufacturing, assembling, possessing, or selling intercepting devices primarily useful for illegal interception
Jurisdiction
West Virginia