Section 709 - DefinitionsThe following words and phrases as used in this chapter, unless the context otherwise indicates, shall have the following meanings. [1973, c. 561(NEW).]
1.Communication common carrier. "Communication common carrier" means any telephone or telegraph company. [1973, c. 561(NEW).]
1-A.Administration of criminal justice.[2015, c. 470, §5(RP).]
1-B.Administration of juvenile criminal justice.[2021, c. 365, §1(RP); 2021, c. 365, §37(AFF).]
1-C.Administration of juvenile justice. "Administration of juvenile justice" has the same meaning as in section 3003, subsection 1-A. [2021, c. 365, §2(AMD); 2021, c. 365, §37(AFF).]
2.Contents. "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. [1973, c. 561(NEW).]
3.Intercepting device. "Intercepting device" means any device or apparatus which can be used to intercept a wire or oral communication other than: A. Any telephone or telegraph instrument, equipment or facility or any component thereof being used by a communication common carrier in the ordinary course of its business or extension telephones used by a subscriber to telephone service; or [1973, c. 561(NEW).]B. A hearing aid or similar device being used to correct subnormal hearing to not better than normal. [1973, c. 561(NEW).] [1973, c. 561(NEW).]
4.Intercept. "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. The sender or receiver of that communication; [1979, c. 701, §11(AMD).]B. A person within the range of normal unaided hearing or subnormal hearing corrected to not better than normal; or [1973, c. 561(NEW).]C. A person given prior authority by the sender or receiver. [1979, c. 701, §11(AMD).] [1979, c. 701, §11(AMD).]
4-A.Investigative officer. "Investigative officer" has the same meaning as in Title 34-A, section 1001, subsection 10-A. [2013, c. 80, §1(RPR).]
4-B.Jail investigative officer. "Jail 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. [2015, c. 470, §7(AMD).]
5.Oral communications. "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. [1973, c. 561(NEW).]
6.Person. "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. [1973, c. 561(NEW).]
7.Wire communication. "Wire communication" means any communication made in whole or in part through the use of facilities for transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception. [1973, c. 561(NEW).]
Amended by 2021SP1, c. 365,§ 2, eff. 1/1/2022.Amended by 2021SP1, c. 365,§ 1, eff. 1/1/2022.Amended by 2016, c. 470,§ 5 to § 7, eff. 7/29/2016.Amended by 2013, c. 267,§ B-5, eff. 10/9/2013.Amended by 2013, c. 80,§ 1, eff. 10/9/2013.Amended by 2012, c. 507,§§ 1-3, eff. 8/30/2012.1973, c. 561, (NEW) . 1979, c. 701, § 11 (AMD) . 1987, c. 680, § 1 (AMD) . 1997, c. 361, §§1,2 (AMD) .