23A-35A-20.   Overhearing or recording telephone or telegraph communications, conversations, or jury deliberations by means of eavesdropping device as felony. Except as provided in § 23A-35A-21, a person is guilty of a Class 5 felony who being:

             (1)      Not a sender or receiver of a telephone or telegraph communication, intentionally and by means of an eavesdropping device overhears or records a telephone or telegraph communication, or aids, authorizes, employs, procures, or permits another to so do, without the consent of either a sender or receiver thereof;

             (2)      Not present during a conversation or discussion, intentionally and by means of an eavesdropping device overhears or records such conversation or discussion, or aids, authorizes, employs, procures, or permits another to so do, without the consent of a party to such conversation or discussion; or

             (3)      Not a member of a jury, intentionally records or listens to by means of an eavesdropping device the deliberations of the jury or aids, authorizes, employs, procures, or permits another to so do.

Source: SL 1980, ch 181, § 20; SL 2006, ch 136, § 1.

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