A. Except in any trial, hearing or other judicial proceeding, a person shall not knowingly disclose to another person any information concerning either:

Terms Used In Arizona Laws 13-3011

  • Communication service provider: means any person who is engaged in providing a service that allows its users to send or receive oral, wire or electronic communications or computer services. See Arizona Laws 13-3001
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Oral communication: means a spoken communication that is uttered by a person who exhibits an expectation that the communication is not subject to interception under circumstances justifying the expectation but does not include any electronic communication. See Arizona Laws 13-3001
  • Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
  • Pen register: means a device or process that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or communication facility to which the device is attached or the dialing, routing, addressing or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted but does not include the contents of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. See Arizona Laws 13-3001
  • Person: means any individual, enterprise, public or private corporation, unincorporated association, partnership, firm, society, governmental authority or entity, including the subscriber to the communication service involved, and any law enforcement officer. See Arizona Laws 13-3001
  • Subpoena: A command to a witness to appear and give testimony.
  • Trap and trace device: means a device or process that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted or the dialing, routing, addressing and signaling information that is reasonably likely to identify the source of a wire or electronic communication but does not include the content of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. See Arizona Laws 13-3001
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

1. The application for or the granting or denial of orders for the interception or installation of a pen register or trap and trace device or a request for the preservation of records or evidence pursuant to section 13-3016 or a subpoena issued pursuant to section 13-3018.

2. The identity of the person or persons whose communications are the subject of an ex parte order, subpoena or records preservation request granted pursuant to sections 13-3010, 13-3015, 13-3016, 13-3017 and 13-3018.

B. Subsection A of this section does not apply to the disclosure of information to the communication service provider whose facilities are involved or to an employee or other authorized agent of the county attorney, attorney general or law enforcement agency that applies for an order permitting interception or installation of a pen register or trap and trace device or who requests the preservation of records or evidence pursuant to section 13-3016 or a subpoena issued pursuant to section 13-3018.

C. Notwithstanding subsection A of this section, a peace officer or prosecuting attorney who obtains knowledge of the contents of a wire, electronic or oral communication as authorized by sections 13-3010, 13-3015, 13-3016, 13-3017 and 13-3018 or evidence derived from that knowledge may:

1. Disclose the contents of the communication to a peace officer or prosecuting attorney to the extent the disclosure is appropriate to the proper performance of the official duties of the peace officer or prosecuting attorney making or receiving the disclosure.

2. Use the contents of the communication to the extent that the use is appropriate to the proper performance of the official duties of the peace officer or prosecuting attorney.

D. A person who violates this section is guilty of a class 1 misdemeanor.

 

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