77-23a-5 - Traffic in intercepting devices -- Offenses -- Lawful activities. - Utah Statutes

77-23a-5. Traffic in intercepting devices -- Offenses -- Lawful activities.
(1) Except as otherwise specifically provided in this chapter, any person is guilty of athird degree felony who intentionally:
(a) sends through the mail, or sends or carries in intrastate, interstate, or foreigncommerce any electronic, mechanical, or other device, knowing or having reason to know that thedesign of the device renders it primarily useful for the purpose of the surreptitious interception ofwire, electronic, or oral communications;
(b) manufactures, assembles, possesses, or sells any electronic, mechanical, or otherdevice, knowing or having reason to know that the design of the device renders it primarily usefulfor the purpose of the surreptitious interception of wire, electronic, or oral communications; or
(c) places in any newspaper, magazine, handbill, or other publication any advertisementof:
(i) any electronic, mechanical, or other device knowing or having reason to know that thedesign of the device renders it primarily useful for the purpose of the surreptitious interception ofwire, electronic, or oral communications; or
(ii) any other electronic, mechanical, or other device, where the advertisement promotesthe use of the device for the purpose of the surreptitious interception of wire, electronic, or oralcommunications.
(2) The following persons may send through the mail, send or carry in intrastate,interstate, or foreign commerce, or manufacture, assemble, possess, or sell any electronic,mechanical, or other device knowing or having reason to know that the design of the devicerenders it primarily useful for the purpose of surreptitious interception of wire, electronic, or oralcommunication:
(a) a provider in the normal course of the business of providing that wire or electroniccommunications service; or
(b) an officer, agent, or employee of, or a person under contract with, the United States, astate, or a political subdivision, in the normal course of the activities of the United States, a state,or a political subdivision.

Amended by Chapter 122, 1989 General Session