N.C. Gen. Stat. § 15A-287
§ 15A-287. Interception and disclosure of wire, oral, or electronic communications prohibited
(a)
Except as otherwise specifically provided in this Article, a person is guilty of a Class H felony if,
without the consent of at least one party to the communication, the person:
(1)
Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to
intercept, any wire, oral, or electronic communication.
(2)
Willfully uses, endeavors to use, or procures any other person to use or endeavor to use any
electronic, mechanical, or other device to intercept any oral communication when:
a.
The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like
connection used in wire communications; or
b.
The device transmits communications by radio, or interferes with the transmission of such
communications.
(3)
Willfully discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or
electronic communication, knowing or having reason to know that the information was obtained through violation
of this Article; or
(4)
Willfully uses, or endeavors to use, the contents of any wire or oral communication, knowing or having
reason to know that the information was obtained through the interception of a wire or oral communication in
violation of this Article.
(b)
It is not unlawful under this Article for any person to:
(1)
Intercept or access an electronic communication made through an electronic communication system that is
configured so that the electronic communication is readily accessible to the general public;
(2)
Intercept any radio communication which is transmitted:
a.
For use by the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
b.
By any governmental, law enforcement, civil defense, private land mobile, or public safety
communication system, including police and fire, readily available to the general public;
c.
By a station operating on any authorized band within the bands allocated to the amateur, citizens
band, or general mobile radio services; or
d.
By any marine or aeronautical communication system; or
(3)
Intercept any communication in a manner otherwise allowed by Chapter 119 of the United States Code.
(c)
It is not unlawful under this Article for an operator of a switchboard, or an officer, employee, or agent
of a provider of electronic communication service, whose facilities are used in the transmission of a wire or
electronic communication, to intercept, disclose, or use that communication in the normal course of employment
while engaged in any activity that is a necessary incident to the rendition of his or her service or to the
protection of the rights or property of the provider of that service, provided that a provider of wire or
electronic communication service may not utilize service observing or random monitoring except for mechanical
or service quality control checks.
(d)
It is not unlawful under this Article for an officer, employee, or agent of the Federal Communications
Commission, in the normal course of his employment and in discharge of the monitoring responsibilities
exercised by the Commission in the enforcement of Chapter 5 of Title 47 of the United States Code, to
intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or
use the information thereby obtained.
(e)
Any person who, as a result of the person's official position or employment, has obtained knowledge of the
contents of any wire, oral, or electronic communication lawfully intercepted pursuant to an electronic
surveillance order or of the pendency or existence of or implementation of an electronic surveillance order
who shall knowingly and willfully disclose such information for the purpose of hindering or thwarting any
investigation or prosecution relating to the subject matter of the electronic surveillance order, except as is
necessary for the proper and lawful performance of the duties of his position or employment or as shall be
required or allowed by law, shall be guilty of a Class G felony.
(f)
Any person who shall, knowingly or with gross negligence, divulge the existence of or contents of any
electronic surveillance order in a way likely to hinder or thwart any investigation or prosecution relating to
the subject matter of the electronic surveillance order or anyone who shall, knowingly or with gross
negligence, release the contents of any wire, oral, or electronic communication intercepted under an
electronic surveillance order, except as is necessary for the proper and lawful performance of the duties of
his position or employment or as is required or allowed by law, shall be guilty of a Class 1 misdemeanor.
(g)
Any public officer who shall violate subsection (a) or (d) of this section or who shall knowingly violate
subsection (e) of this section shall be removed from any public office he may hold and shall thereafter be
ineligible to hold any public office, whether elective or appointed.
|
|
Compliance Guide:
Registration Made Easy.
- Online State Registration wizard for call campaign licensing.
- Wizard makes finding State DNC exemptions easy.
- Quickly answer questions with included regulatory guide.
|
|
