As used in this chapter, unless the context otherwise requires:

Terms Used In North Dakota Code 29-29.2-01

  • information: is a n accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said court. See North Dakota Code 29-01-13
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • writing: includes printing and typewriting. See North Dakota Code 29-01-13

1.    “Aggrieved person” means a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed.

2.    “Common carrier” is defined in section 8-07-01.

3.    “Contents”, when used with respect to any wire, electronic, or oral communication, includes any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication.

4.    “Electronic communication” means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:

a.    The radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit;

b.    A wire or oral communication;

c.    A communication made through a tone-only paging device; or

d.    A communication from a tracking device, defined as an electronic or mechanical device that permits the tracing of the movement of a person or object.

5.    “Electronic, mechanical, or other device” means any device or apparatus that can be used to intercept a wire, electronic, or oral communication, other than:

a.    Any telephone or telegraph instrument, equipment, or facility, or any component thereof, either:

(1) Furnished to the subscriber or user in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by a subscriber or user for connection to the facilities of service and used 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 the officer’s duties.

b.    A hearing aid or similar device being used to correct subnormal hearing to not better than normal;

c.    A device or apparatus specifically designed to only record conversations to which the operator of the device is a party;

d.    A device or apparatus used in the normal course of broadcasting by radio or television; or

e.    A device or apparatus that is otherwise commonly used for a purpose other than overhearing or recording conversations.

In determining whether a device that is alleged to be an electronic, mechanical, or other device is, in fact, such a device, there must be taken into account, among other things, the size, appearance, directivity, range, sensitivity, frequency, power, or intensity, and the representation of the maker or manufacturer as to its performance and use.

6.    “Intercept” means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.

7.    “Judge of competent jurisdiction” means justice of the supreme court of this state or judge of any district court of this state.

8.    “Law enforcement officer” means a public servant authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law.

9.    “Oral communication” means a communication uttered by a person believing that the communication is not subject to interception, under circumstances justifying that belief, but does not include any electronic communication.

    10.    “Wire communication” means any aural transfer 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, including any electronic storage of the communication, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit.