Iowa Code 727.8 – Electronic and mechanical eavesdropping
Current as of: 2023 | Check for updates
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1. “Monitoring device” means a digital video or audio streaming or recording device that records, listens to, or otherwise intercepts video or audio communications in order to provide proof of or prevent criminal activity that is placed outside of a person‘s dwelling or other structure that is not in a shared hallway and is on real property owned or leased by the person.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 727.8
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
2. Any person, having no right or authority to do so, who taps into or connects a listening or recording device to any telephone or other communication wire, or who by any electronic or mechanical means listens to, records, or otherwise intercepts a conversation or communication of any kind, commits a serious misdemeanor.
3. This section does not apply to any of the following:
a. The recording by a sender or recipient of a message or one who is openly present and participating in or listening to a communication from recording such message or communication.
b. The use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.
c. The use of a monitoring device.