542.400. Definitions. - Missouri Statutes

Definitions.

542.400. As used in sections 542.400 to 542.422, the following wordsand phrases mean:

(1) "Aggrieved person", a person who was a party to any interceptedwire communication or a person against whom the interception was directed;

(2) "Communication common carrier", an individual or corporationundertaking to transport messages for compensation;

(3) "Contents", when used with respect to any wire communication,includes any information concerning the identity of the parties, thesubstance, purport, or meaning of that communication;

(4) "Court of competent jurisdiction", any circuit court havinggeneral criminal jurisdiction within the territorial jurisdiction where thecommunication is to be intercepted including any circuit judge speciallyassigned by the supreme court of Missouri pursuant to section 542.404;

(5) "Electronic, mechanical, or other device", any device orapparatus which can be used to intercept a wire communication other than:

(a) Any telephone or telegraph instrument, equipment or facility, orany component thereof, owned by the user or furnished to the subscriber oruser by a communications common carrier in the ordinary course of itsbusiness and being used by the subscriber or user in the ordinary course ofits business or being used by a communications common carrier in theordinary course of its business or by an investigative office or lawenforcement officer in the ordinary course of his duties; or

(b) A hearing aid or similar device being used to correct subnormalhearing to not better than normal;

(6) "Intercept", the aural acquisition of the contents of any wirecommunication through the use of any electronic or mechanical device,including but not limited to interception by one spouse of another spouse;

(7) "Investigative officer" or "law enforcement officer or agency",any officer or agency of this state or a political subdivision of thisstate, who is empowered by law to conduct investigations of or to makearrests for offenses enumerated in sections 542.400 to 542.422, and anyattorney authorized by law to prosecute or participate in the prosecutionof such offenses;

(8) "Oral communication", any communication uttered by a personexhibiting an expectation that such communication is not subject tointerception under circumstances justifying such expectation;

(9) "Person", any employee, or agent of this state or politicalsubdivision of this state, and any individual, partnership, association,joint stock company, trust, or corporation;

(10) "Prosecuting attorney", the elected prosecuting attorney of thecounty or the circuit attorney of any city not contained within a county;

(11) "State", the* state of Missouri and political subdivisions ofthe state;

(12) "Wire communication", any communication made in whole or in partthrough the use of facilities for the transmission of communications by theaid of wire, cable, or other like connection between the point of originand the point of reception including the use of such connection in aswitching station furnished or operated by any person engaged as a commoncarrier in providing or operating such facilities for the transmission oflocal, state or interstate communications.

(L. 1989 H.B. 277, et al. § 1, A.L. 2002 S.B. 712)

*Word "the" does not appear in original rolls.

(1993) Where city officials recorded conversation of inmate and police officers in public jail, officers could not justifiably have an expectation of privacy, and tape recording of conversation is not wire communication for purposes of Missouri's wiretapping law. Angel v. Williams, 12 F.3d 786 (8th Cir.).

(1998) Communications between a cellular phone and a regular wire phone are wire communications within the purview of the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo.App.W.D.).