§ 12.1-15-02 — Interception of wire or oral communications - Eavesdropping

1. A person is guilty of a class C felony if he:
a. Intentionally intercepts any wire or oral communication by use of any electronic,
mechanical, or other device; or
b. Intentionally discloses to any other person or intentionally uses the contents of
any wire or oral communication, knowing that the information was obtained
through the interception of a wire or oral communication.
2. A person is guilty of a class A misdemeanor if he secretly loiters about any building
with intent to overhear discourse or conversation therein and to repeat or publish the
same with intent to vex, annoy, or injure others.
3. It is a defense to a prosecution under subsection 1 that:
a. The actor was authorized by law to intercept, disclose, or use, as the case may
be, the wire or oral communication.
b. The actor was:
(1) A person acting under color of law to intercept a wire or oral communication,
and
(2) He was a party to the communication or one of the parties to the
communication had given prior consent to such interception.
c. (1) The actor was a party to the communication or one of the parties to the
communication had given prior consent to such interception, and
(2) Such communication was not intercepted for the purpose of committing a
crime or other unlawful harm.