Maine Revised Statutes Title 15 Sec. 710 – Offenses
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1. Interception, oral communications prohibited. Any person, other than an employee of a communication common carrier, a law enforcement officer, an investigative officer, another employee of the Department of Corrections authorized to exercise law enforcement powers as described in Title 34?A, section 3011 or a jail investigative officer or a jail employee acting at the direction of a jail investigative officer, carrying out practices otherwise permitted by this chapter, who intentionally or knowingly intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept any wire or oral communication is guilty of a Class C crime.
[PL 2013, c. 80, §2 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B crime | up to 10 years | up to $20,000 |
| Class C crime | up to 5 years | up to $5,000 |
Terms Used In Maine Revised Statutes Title 15 Sec. 710
- Communication common carrier: means any telephone or telegraph company. See Maine Revised Statutes Title 15 Sec. 709
- Contents: when used with respect to any wire or oral communication, means any information concerning the identity of the parties to such communication or the existence, contents, substance, purport or meaning of that communication. See Maine Revised Statutes Title 15 Sec. 709
- Contract: A legal written agreement that becomes binding when signed.
- Intercept: means to hear, record or aid another to hear or record the contents of any wire or oral communication through the use of any intercepting device by any person other than:
A. See Maine Revised Statutes Title 15 Sec. 709Jail investigative officer: means an employee of a jail designated by the jail administrator as having the authority to conduct investigations of crimes relating to the security or orderly management of the jail and engage in any other activity that is related to the administration of criminal justice as defined in Title 16, section 703, subsection 1 for the purposes of the Criminal History Record Information Act or as defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and Investigative Record Information Act. See Maine Revised Statutes Title 15 Sec. 709 Oral communications: means any oral communications uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation. See Maine Revised Statutes Title 15 Sec. 709 Person: means any individual, partnership, association, joint stock company, trust or corporation, or any other legal entity, whether or not any of the foregoing is an officer, agent or employee of the United States, a state or a political subdivision of a state. See Maine Revised Statutes Title 15 Sec. 709
2. Editing of tape recordings in judicial proceedings prohibited. Any person who knowingly or intentionally edits, alters or tampers with any tape, transcription or other sound recording, or knows of such editing, altering or tampering, and presents that recording in any judicial proceeding or proceeding under oath, without fully indicating the nature of the changes made and the original state of the recording, is guilty of a Class C crime.
[PL 1979, c. 663, §96 (AMD).]
3. Disclosure, or use of wire or oral communications prohibited. A person is guilty of a Class C crime if he:
A. Intentionally or knowingly discloses or attempts to disclose to any person the contents of any wire or oral communication, knowing that the information was obtained through interception; or [PL 1979, c. 663, §97 (RPR).]
B. Intentionally or knowingly uses or attempts to use the contents of any wire or oral communication, knowing that the information was obtained through interception. [PL 1979, c. 663, §97 (RPR).]
[PL 1979, c. 663, §97 (RPR).]
4. Duty to report. Any communications common carrier shall promptly report to the Attorney General any facts coming to its attention in the conduct of its business which may indicate a possible violation of this section and such carrier shall adopt reasonable rules to assure compliance with this subsection, provided such carrier shall not be liable to any person who may claim an injury arising out of any such report, if made in good faith. Any person violating this subsection shall be subject to a civil penalty not to exceed $5,000, payable to the State, to be recovered in a civil action.
[PL 1979, c. 663, §98 (AMD).]
5. Possession of interception devices prohibited. A person, other than an employee of a communication common carrier, a law enforcement officer, an investigative officer, another employee of the Department of Corrections authorized to exercise law enforcement powers as described in Title 34?A, section 3011 or a jail investigative officer or a jail employee acting at the direction of a jail investigative officer, carrying out practices otherwise permitted by this chapter, who has in that person’s possession any device, contrivance, machine or apparatus designed or commonly used for intercepting wire or oral communications is guilty of a Class C crime.
[PL 2013, c. 80, §3 (AMD).]
6. Sale of interception devices prohibited. A person who sells, exchanges, delivers, barters, gives or furnishes or possesses with an intent to sell any device, contrivance, machine or apparatus designed or commonly used for the interception of wire or oral communications as defined in this chapter is guilty of a Class B crime. This subsection shall not include devices manufactured under written contract for sale to common carriers, law enforcement agencies and the Department of Corrections, provided that the production of any such device shall not have commenced prior to the signing of the contract by both parties.
[PL 1987, c. 680, §4 (AMD).]
SECTION HISTORY
PL 1973, c. 561 (NEW). PL 1979, c. 663, §§95-100 (AMD). PL 1987, c. 680, §§2-4 (AMD). PL 2013, c. 80, §§2, 3 (AMD).