dollars ($5000), or both, and shall be liable to any person whose communication is unlawfully intercepted or divulged for treble the amount of any damage resulting from such unlawful interception, divulgence or use, but in no event less than one hundred dollars ($100) and a reasonable attorney's fee. The term "person" includes natural persons, business associations, partnerships, corporations, or other legal entities, and persons acting or purporting to act for, or in behalf of, any government or subdivision thereof, whether Federal, State or local. The term "divulge" includes divulgence to a fellow employee or official in government or private enterprise or in a judicial, administrative, legislative or other proceeding. Except as proof in a suit or prosecution for a violation of this act, no evidence obtained as a result of an unlawful interception shall be admissible in any such proceeding. Nothing in this act shall be interpreted to apply to acts done by personnel of any telephone or telegraph carrier in the performance of their duties in connection with the construction, maintenance or operation of a telephone or telegraph system. CASES Commonwealth v. Charpenter [1951], 78 D & C 389, 99 P.L.J. 129 Commonwealth v. Chaitt [1954], 176 Pa. Super 318, 107 A. 2d 214, 112 A. 2d 379 Commonwealth v. Voci [1958], 55 Larc Rev 327, 393 Pa 404, 185 Pa Super 563, 143 A. 2d 652, 138 A. 2d 232, 358 U.S. 885, cert. denied Commonwealth v. Smith [1958], 186 Pa Super 89, 140 A. 2d 347 Commonwealth v. Griffin [1959], 189 Pa Super 59, 149 A. 2d 656, 365 U.S. 838, cert. denied RHODE ISLAND General Laws of Rhode Island 11-35-12. Unauthorized wiretapping. Any person who shall intercept or attempt to intercept telegraphic or telephonic communications by mechanical or other methods except through mechanical equipment installed by any corporation subject to the jurisdiction of the public utility administrator shall be deemed guilty of a felony and, upon conviction, shall be imprisoned for not more than five (5) years for each such offense; provided, however, that the provisions of this section shall not apply to a corporation subject to the jurisdiction of the public utility administrator, or to the jurisdiction of the federal communications commission, or to the employees of any such corporation while engaged in the conduct of its business. 11-35-13. Wiretapping evidence. Any evidence, information, or testimony obtained in violation of the provisions of § 11-35-12 shall be inadmissible in evidence in all courts of this state. CASES Young v. Young [1936], 56 R.I. 401 SOUTH CAROLINA Code of Laws of South Carolina § 16-554. Eavesdropping or peeping. It shall be unlawful for any person to be an eavesdropper or a Peeping Tom on or about the premises of another or to go about or upon the premises of another for the purpose of becoming an eavesdropper or a Peeping Tom. The term "Peeping Tom," as used in this section, shall be defined to be one who peeps through windows or doors or other like places, on or about the premises of another, for the purposes of spying upon or invading the privacy of the persons spied upon and the doing of any other acts of a similar nature, tending to invade the privacy of such persons. Any person found guilty of a violation of this section shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than five hundred dollars or shall suffer imprisonment for not more than three years, either or both, in the discretion of the court. § 16-555. Section 16-554 not applicable to law officers. Nothing in § 16-554 shall prevent duly constituted officers of the law from performing their official duties in ferreting out offenders or suspected offenders against violating the laws of this State or any municipality therein for the purpose of apprehending such suspected violator. But the provisions of this section shall not be construed as giving such officers any additional rights or powers upon private property but shall be construed as preserving only such powers as they had before. CASES State v. Steadman [1950] S.C., 216 S.C. 579, 340 U.S. 850 cert. denied, 340 U.S. 894 rehearing denied SOUTH DAKOTA South Dakota Code § 13.1425. Eavesdropping: misdemeanor. Every person guilty of secretly loitering about any building with intent so overhear discourse therein and repeat or publish the same to vex, annoy, or injure others, is guilty of a misdemeanor. § 13.4519. Telegraph or telephone: obstructing messages; tapping wires; unauthorized reading or receiving messages; penalty. Any person who shall willfully break, tap, or make any unauthorized connection with any telegraph or telephone line, wire, or cable; or who shall read or copy, in any unauthorized manner, any telegraph or telephone message or communication, or make any unauthorized use of any such message or communication; or who shall willfully obstruct or delay the sending, conveyance, or delivery, by telegraph or telephone, of any authorized message or communication, shall be deemed guilty of a misdemeanor. TENNESSEE Tennessee Code 39-4533. Tapping or injuring telegraph, telephone, electric light and power or gas lines and appliances - Misdemeanor. It is a misdemeanor for any person willfully to tap, cut, burn, break down, injure, or destroy, or otherwise to interrupt or interfere with the current, lines, cables, poles, towers, fixtures or appliances of any telephone, or telegraph company, or electric light or power company engaged in furnishing communication, light, heat or power by electricity; or in any way to injure, remove, destroy or interfere with any gas fixtures or appliances. 65-2117. Damage to equipment-Impairment of service-Unauthorized connections-Unlawful act.-It shall be unlawful for any person to damage or obstruct any telegraph or telephone poles, wires, fixtures, or other apparatus or appliances, or to impede or impair the service of any telegraph or telephone line; or to connect by wire, or other means, with any such line, so as to hear, or be in a position to hear, messages going over said line or lines, or for the purpose of getting any service over said line or lines, without first procuring the consent of the owner or owners of said line, or the duly authorized agent of same. 65-2118. Penalty for violation of preceding section. Any person violating § 65-2117 shall be guilty of a misdemeanor, and be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). None found. TEXAS CASES Schwartz v. State [1951], 158 Tex Cr R 171, 246 S.W. 2d 174 Hutson v. State (Texas) [1956], 164 Tex Cr R 24, 296 S.W. 2d 245 UTAH Utah Code 76-48-11. Tapping wires. Every person who wilfully and fraudulently, or clandestinely, taps or makes an unauthorized connection by any means whatever, with any telegraph or telephone wire, lines, cable or instrument under the control of any telegraph or telephone company within this state; or wilfully and fraudulently, or clandestinely, reads or attempts to read, or learns the contents or meaning of any message, report or communication, by means of any machine, instrument or contrivance, or in any unauthorized manner, while such message, report or communication is in transit or passing over any telegraph or telephone wire, line or cable, or is being sent from or received at any place within this state; or uses, or attempts to use, in any manner or for any purpose, or communicates in any way, any information so obtained; or aids, agrees with, employees or conspires with, any person to unlawfully do, or permit, or cause to be done any of the acts or things hereinabove mentioned is punishable;- -as provided in section 76–48-10. None found. VERMONT VIRGINIA Code of Virginia $18.1-156. Unlawful use of, or injury to, telephone and telegraph lines; copying or obstructing messages. Any person who shall: (1) maliciously injure, molest, cut down or destroy any telephone or telegraph line, wire, cable or pole, or the material or property belonging thereto; or (2) Maliciously cut, break, tap or make any connection with any telephone or telegraph line, wire, cable or instrument of any telegraph or telephone company which has legally acquired the right of way by purchase, condemnation, or otherwise; or (3) Maliciously copy in any unauthorized manner any message, either social, business, or otherwise, passing over any telephone or telegraph line, wire or cable in this State; or (4) Wilfully or maliciously prevent, obstruct, or delay by any means or contrivance whatsoever the sending, conveyance or delivery in this State of any authorized communication by or through any telephone or telegraph line, wire or cable under the control of any telephone or telegraph company doing business in this State; or (5) Maliciously aid, agree with, employ or conspire with any unauthorized person or persons unlawfully to do or cause to be done any of the acts hereinbefore mentioned, Shall be guilty of a misdemeanor. WASHINGTON Revised Code of Washington Annotated, Title 9 $9.61.010. Injuring public utilities. Every person who shall wilfully or maliciously remove, damage or destroy: . . (18) Who shall intercept, read or in any manner interrupt or delay the sending of a message over any telegraph or telephone line: shall be guilty of a misdemeanor. CASES State v. Nordskog [1913], 76 Wash. 472, 136 P. 694 None found. WEST VIRGINIA WISCONSIN West's Wisconsin Statutes Annotated 134.39 Fraudulent knowledge of dispatch; injury to wires; interference. Any person who shall, by any device or means whatever, procure or attempt to procure from any officer or other person connected with or in the business or management of any telegraph company transacting business within this state, any knowledge of the contents or substance of any telegraph message or dispatch not addressed to himself or to which he is not entitled, or who shall, without lawful authority, tamper or interfere with, use or in any manner intentionally, carelessly or negligently disturb or interrupt any telegraph wires or lines of any such telegraph company, or who shall intentionally, carelessly or negligently fell any tree or timber so as to break, destroy or injure any such telegraph wires, without first giving 24 hours' notice of his intention to do so to some agent of the company at its nearest office or to some agent of a railroad company at its nearest office, in case such wires are constructed along any railroad, or who shall, without the consent of such company, send or attempt to send any message or dispatch over said wire or lines, in any manner whatever, or shall intercept, interrupt or disturb any dispatch passing upon any such wires or lines, or who shall wilfully or maliciously interfere with, obstruct, prevent or delay, by any means or contrivance whatsoever, the sending, transmission or receiving of any wireless telegraph massage, communication or report by any wireless telegraph company doing business in this state, or who shall aid, agree with, employ or conspire with any person or persons to unlawfully interfere with, obstruct, prevent or delay the sending, transmission or receiving of any such wireless telegraph message, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $1,000. 325.36 Wire tapping. Evidence obtained directly or indirectly as a result of the interception of a communication, by telephone or telegraph, shall be totally inadmissible in the courts of this state. WYOMING Wyoming Statutes §37-259. Tapping, etc., telegraph or telephone lines; use of information so obtained. Whoever shall wilfully and maliciously cut, break, tap, or make any connection with, or read, or copy by use of telegraph or telephone instruments, or otherwise, in any unauthorized manner, any message, either social or business, sporting, commercial, or other news reports, from any telegraph or telephone line, wire or cable, so unlawfully cut or tapped in this state; or make unauthorized use of the same, or who shall wilfully and maliciously prevent, obstruct or delay, by any means or contrivance whatsoever, the sending, conveyance or delivery, in this state, of any authorized communication, sporting, commercial or other news reports, by or through any telegraph or telephone line, cable, or wire, under the control of any telegraph or telephone company doing business in this state; or who shall wilfully and maliciously aid, agree with, employ or conspire with any other person or persons to do any of the aforementioned unlawful acts, or any employee of any telegraph or telephone company doing business in this state, who shall wilfully and maliciously communicate, report or deliver to any unauthorized person any message or copy thereof, received by him in the line of his employment by such company, shall be deemed guilty of a felony, and shall be punished by a fine of not less. than fifty dollars nor more than five hundred dollars or by imprisonment in the penitentiary for not more than five years, or both. § 37-259.1. Fraudulently obtaining telecommunications services; types of activity deemed misdemeanors; penalty. Any individual, corporation, or other person, who, with intent to defraud or to aid and abet another to defraud any individual, corporation, or other person, of the lawful charge, in whole or in part, for any telecommunications. |