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ND HB1392
Bill
Status
1/17/2011
Primary Sponsor
Kenton Onstad
Click for details
AI Summary
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Amends North Dakota Century Code Section 12.1-15-02 to update language related to criminal penalties for intercepting wire or oral communications and eavesdropping.
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Maintains class C felony charge for intentionally intercepting any wire or oral communication by electronic, mechanical, or other device, or intentionally disclosing/using contents of such communications.
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Maintains class A misdemeanor charge for secretly loitering about a building to overhear discourse or conversation with intent to repeat or publish the information to vex, annoy, or injure others.
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Updates statutory language to clarify that law enforcement actors must be a party to the communication or have prior consent from all parties before interception, replacing "prior consent to such" with "before the interception."
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Adds requirement that when all parties consent to interception, the communication must not have been intercepted for the purpose of committing a crime or other unlawful harm.
Legislative Description
The interception of a wire or oral communication.
Last Action
Second reading, failed to pass, yeas 8 nays 84
2/11/2011