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  1. Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
  2.  
  3. IC 35-33.5
  4.     ARTICLE 33.5. INTERCEPTION OF TELEPHONIC OR TELEGRAPHIC COMMUNICATIONS
  5.  
  6. IC 35-33.5-1
  7.      Chapter 1. Applicability and Definitions
  8.  
  9. IC 35-33.5-1-1
  10. Inapplicable to ordinary course of business
  11.      Sec. 1. This article does not apply to the ordinary course of business pertaining to the operation of a business entity that provides or facilitates electronic communications in accordance with the business entity's tariffs.
  12. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.1.
  13.  
  14.  
  15. IC 35-33.5-1-2
  16. Applicability of definitions
  17.      Sec. 2. The definitions in this chapter apply throughout this article.
  18. As added by P.L.161-1990, SEC.3.
  19.  
  20.  
  21. IC 35-33.5-1-3
  22. "Designated offense" defined
  23.      Sec. 3. "Designated offense" means the following:
  24.         (1) A Class A, Class B, or Class C felony that is a controlled substance offense (IC 35-48-4).
  25.         (2) Murder (IC 35-42-1-1).
  26.         (3) Kidnapping (IC 35-42-3-2).
  27.         (4) Criminal confinement (IC 35-42-3-3).
  28.         (5) Robbery (IC 35-42-5-1).
  29.         (6) Arson (IC 35-43-1-1).
  30.         (7) Child solicitation (IC 35-42-4-6).
  31.         (8) Human and sexual trafficking crimes under IC 35-42-3.5.
  32.         (9) Escape as a Class B felony or Class C felony (IC 35-44-3-5).
  33.         (10) An offense that relates to a weapon of mass destruction (as defined in IC 35-41-1-29.4).
  34.         (11) An attempt or conspiracy to commit an offense described in subdivisions (1) through (10).
  35.         (12) An offense under the law of the United States or in another state or country that is substantially similar to an offense described in subdivisions (1) through (11).
  36. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.2; P.L.3-2008, SEC.247.
  37.  
  38.  
  39. IC 35-33.5-1-3.5
  40. "Electronic communication" defined
  41.      Sec. 3.5. "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, oral communication, digital information, or intelligence of any nature transmitted in whole or in
  42.  
  43. part by a wire, a radio, or an electromagnetic, a photoelectronic, or a photo-optical system.
  44. As added by P.L.105-2007, SEC.3.
  45.  
  46.  
  47. IC 35-33.5-1-4
  48. "Extension" defined
  49.      Sec. 4. "Extension" means an extension of the duration for which a warrant remains effective under this article.
  50. As added by P.L.161-1990, SEC.3.
  51.  
  52.  
  53. IC 35-33.5-1-5
  54. "Interception" defined
  55.      Sec. 5. "Interception" means the intentional recording or acquisition of the contents of an electronic communication by a person other than a sender or receiver of that communication, without the consent of the sender or receiver, by means of any instrument, device, or equipment under this article. This term includes the intentional recording or acquisition of communication through the use of a computer or a FAX (facsimile transmission) machine. The term does not include recording or acquiring the contents of a radio transmission that is not:
  56.         (1) scrambled or encrypted;
  57.         (2) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;
  58.         (3) carried on a subcarrier or other signal subsidiary to a radio transmission;
  59.         (4) transmitted over a communication system provided by a common carrier, unless the communication is a tone only paging system communication; or
  60.         (5) transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.
  61. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.4.
  62.  
  63.  
  64. IC 35-33.5-1-6
  65. "Warrant" defined
  66.      Sec. 6. "Warrant" means a warrant authorizing the interception of electronic communication under this article.
  67. As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.5.
  68.  
  69.  
  70.  
  71.  
  72. --------------------------------------------------------------------------------
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