§ 12.1-15-03 — Traffic in intercepting devices

1. A person is guilty of a class C felony if, within this state, he manufactures, assembles,
possesses, transports, or sells an electronic, mechanical, or other device, knowing that
the design of such device renders it primarily useful to the purpose of the surreptitious
interception of wire or oral communications.
2. A person is guilty of a class A misdemeanor if he places, in a newspaper, magazine,
handbill, or other publication published in this state, an advertisement of an electronic,
mechanical, or other device, knowing that the design of such device renders it
primarily useful for surreptitious interception of wire or oral communications, or
knowing that such advertisement promotes the use of such device for surreptitious
interception of wire or oral communications.
3. It is a defense to a prosecution under this section that the actor was:
a. An officer, agent, or employee of, or a person under contract with, a
communications common carrier, acting within the normal course of the business
of the communications common carrier; or
b. A public servant acting in the course of his official duties or a person acting within
the scope of a government contract made by a person acting in the course of his
official duties.