(1)  Except as provided in this section, a person may not install or use a pen register or trap or trace device without previously obtaining a court order under Section 77-23a-15, or under federal law.

Terms Used In Utah Code 77-23a-13

  • Electronic communication: means any transfer of signs, signals, writings, 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) any wire or oral communications;
(c) any communication made through a tone-only paging device; or
(d) any communication from an electronic or mechanical device that permits the tracking of the movement of a person or object. See Utah Code 77-23a-3
  • Electronic communications service: means any service that provides for users the ability to send or receive wire or electronic communications. See Utah Code 77-23a-3
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached. See Utah Code 77-23a-3
  • Person: means any employee or agent of the state or a political subdivision, and any individual, partnership, association, joint stock company, trust, or corporation. See Utah Code 77-23a-3
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Trap and trace device: means a device, process, or procedure 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 is transmitted. See Utah Code 77-23a-3
  • User: means any person or entity who:
    (a) uses an electronic communications service; and
    (b) is authorized by the provider of the service to engage in the use. See Utah Code 77-23a-3
  • Wire communication: includes the 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. See Utah Code 77-23a-3
  • (2)  Subsection (1) does not apply to the use of a pen register or trap and trace device by a provider of electronic or wire communications services:

    (a)  relating to the operation, maintenance, and testing of a wire or electronic communications service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service; or

    (b)  to record that a wire or electronic communication was initiated or completed to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service from fraudulent, unlawful, or abusive use of that service; or

    (c)  when the consent of the user of that service has been obtained.

    (3)  A knowing or intentional violation of Subsection (1) is a class B misdemeanor.

    Amended by Chapter 241, 1991 General Session

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