12.1-15-04. Definitions

12.1-15-04. Definitions In sections 12.1-15-02 through 12.1-15-04: 1. "Communications common carrier" shall have the meaning prescribed for the term "common carrier" by section 8-07-01. 2. "Contents", when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication. 3. "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire or oral communication other than: a. Any telephone or telegraph instrument, equipment, or facility, or any component thereof, (1) furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or (2) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties. b. A hearing aid or similar device being used to correct subnormal hearing to not better than normal. 4. "Intercept" means the aural acquisition of the contents of any wire or oral communication through the use of an electronic, mechanical, or other device, or by secretly overhearing the communication. 5. "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation. 6. "Wire communication" means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of communications.