T18CH67

Title 18 > T18CH67

Sections (26)

18-6701

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6701. Definitions. Definitions as used in this chapter: (1) Wire communication means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station), furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications. (2) Oral communication means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term does not include any electronic communication. (3) Intercept means the aural or other acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical, or other device. (4) Electronic, mechanical, or other device means any device or apparatus which can be used to intercept a wire, electronic or oral communication other than: (a) Any telephone or telegraph instrument, equipment or facility or any component thereof: (i) Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; (b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal; (5) Person means any employee or agent of the state or political subdivision thereof and any individual, partnership, association, joint stock company, trust, cooperative, or corporation. (6) Investigative or law enforcement officer means any officer of the state of Idaho who is empowered by law to conduct investigations of, or to make arrests for, offenses enumerated in this chapter and any attorney authorized by law to prosecute or participate in the prosecution of such offenses. (7) Contents when used with respect to any wire, electronic or oral communication includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication. (8) Judge of competent jurisdiction means a justice of the supreme court or a judge of a district court. (9) Aggrieved person means a person who was a party to any illegally intercepted wire, electronic or oral communication or a person against whom the interception was illegally directed. (10) Electronic communication mea

18-6702

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6702. Interception and disclosure of wire, electronic or oral communications prohibited. (1) Except as otherwise specifically provided in this chapter, any person shall be guilty of a felony and is punishable by imprisonment in the state prison for a term not to exceed five (5) years or by a fine not to exceed five thousand dollars ($5,000), or by both fine and imprisonment if that person: (a) Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication; or (b) Willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: 1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or 2. Such device transmits communications by radio or interferes with the transmission of such communication; or (c) Willfully discloses, or endeavors to disclose, to any other person the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this subsection; or (d) Willfully uses, or endeavors to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this subsection; or (e) Intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, intercepted by means authorized by subsection (2)(b), (c), (f) or (g) of this section or by section 18-6708 , Idaho Code, if that person: (i) Knows or has reason to know that the information was obtained through the interception of such communication in connection with a criminal investigation; and (ii) Has obtained or received the information in connection with a criminal investigation with the intent to improperly obstruct, impede or interfere with a duly authorized criminal investigation. (2) (a) It is lawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service whose facilities are used in the transmission of a wire or electronic communication to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks. (b) It is lawful under this chapter for an

18-6703

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6703. Manufacture, distribution, possession, and advertising of wire, electronic or oral communication intercepting devices prohibited. (1) Except as otherwise specifically provided in this chapter any person who willfully: (a) Sends through the mail or sends or carries any electronic, mechanical, or other device, with the intention of rendering it primarily useful for the purpose of the illegal interception of wire, electronic or oral communications as specifically defined by this chapter; or (b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device with the intention of rendering it primarily useful for the purpose of the illegal interception of wire, electronic or oral communications as specifically defined by this chapter, shall be guilty of a felony and is punishable by imprisonment in the state penitentiary for a term of five (5) years or by a fine of five thousand dollars ($5,000), or by both such fine and imprisonment. (2) It is lawful under this section for: (a) A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of business; or (b) An officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof, to send through the mail, send or carry in 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 such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communication. (3) It shall not be unlawful under this section to advertise for sale a device described in subsection (1) of this section if the advertisement is mailed, sent or carried solely to a domestic provider of wire or electronic communication service or to an agency of the United States, any state, or a political subdivision thereof that is duly authorized to use such device. History: [18-6703, added 1980, ch. 326, sec. 2, p. 835; am. 2002, ch. 223, sec. 3, p. 637.]

18-6704

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6704. Confiscation of wire, electronic or oral communication intercepting devices. Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, or sold in violation of this chapter may be seized and forfeited to the state. History: [18-6704, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 4, p. 637.]

18-6705

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6705. Prohibition of use as evidence of intercepted wire, electronic or oral communications. Whenever any wire, electronic or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state, or a political subdivision thereof, if the disclosure of that information would be in violation of this chapter. History: [18-6705, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 5, p. 637.]

18-6706

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6706. Authorization for interception of wire, electronic or oral communications. The prosecuting attorney of any county is authorized to make application to a judge of competent jurisdiction for an order authorizing or approving the interception of wire, electronic or oral communications and may apply to such judge for, and such judge may grant in conformity with section 2518 of chapter 119, title 18 U.S.C.A., and in conformity with the provisions of this chapter, an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marijuana or other dangerous drugs, or other crime dangerous to life, limb, or property, and punishable by imprisonment for more than one (1) year, or any conspiracy to commit any of the foregoing offenses. History: [18-6706, added 1980, ch. 326, sec. 2, p. 836; am. 2002, ch. 223, sec. 6, p. 638; am. 2020, ch. 82, sec. 11, p. 185.]

18-6707

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6707. Authorization for disclosure and use of intercepted wire, electronic or oral communications. (1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic or oral communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. (2) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties. (3) Any person who has received, by any means authorized by this chapter, any information concerning a wire, electronic or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of this state, of the United States or of any state or in any political subdivision thereof. (4) No otherwise privileged wire, electronic or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character. (5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic or oral communications in the manner authorized herein, intercepts wire, electronic or oral communications relating to offenses other than those specified in the order of authorization, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1), (2) and (3) of this section. History: [18-6707, added 1980, ch. 326, sec. 2, p. 837; am. 2002, ch. 223, sec. 7, p. 638.]

18-6708

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6708. Procedure for interception of wire, electronic or oral communications. (1) Each application for an order authorizing the interception of a wire, electronic or oral communication shall be made in writing upon oath or affirmation or by means of an oral affidavit as provided for in the Idaho Rules of Criminal Practice & Procedure to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information: (a) The identity of the individual authorized to make application for said order pursuant to section 18-6706 , Idaho Code; (b) A full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued including (i) details as to the particular offense that has been, is being, or is about to be committed, (ii) except as provided in subsection (11) of this section, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted; (c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous; (d) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (e) A full and complete statement of the facts concerning all previous applications known to the individual making the applications, made to any judge for authorization to intercept wire, electronic or oral communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and (f) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results. (2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. (3) Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, electronic or oral communications within the state of Idaho if the judge determines on the basis of the facts submitted by the applicant that: (a) There is probable cause for belief that an individ

18-6709

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6709. Recovery of civil damages authorized. Any person whose wire, electronic or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose, or use such communications, and shall be entitled to recover from any such person: (a) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars ($100)adayforeachdayofviolationoronethousanddollars($1,000), whichever is higher; (b) Punitive damages; and (c) A reasonable attorney’s fee and other litigation costs reasonably incurred. A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action under the laws of this state. History: [18-6709, added 1980, ch. 326, sec. 2, p. 841; am. 2002, ch. 223, sec. 9, p. 643.]

18-6710

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6710. Use of telecommunication to annoy, terrify, threaten, intimidate, harass, or offend by lewd or profane language, requests, suggestions, or proposals — Threats of physical harm — Disturbing the peace by repeated telecommunication — Penalties. (1) Any person who, with intent to annoy, terrify, threaten, intimidate, harass, or offend, contacts another via telecommunication, email, text message, or any other form of electronic communication and (a) addresses to or about such person any obscene, lewd, or profane language, or makes any request, suggestion, or proposal that is obscene, lewd, lascivious, or indecent; or (b) addresses to such other person any threat to inflict injury or physical harm to the person or property of the person addressed or any member of his family, or any other person; or (c) by repeated anonymous or identified telecommunications, emails, text messages, or any other form of electronic communication whether or not conversation ensues, disturbs the peace or attempts to disturb the peace, quiet, or right of privacy of any person at the place where the telecommunication, email, text message, or any other form of electronic communication is received is guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to a term of not to exceed one (1) year in the county jail. Upon a second or subsequent conviction, the defendant shall be guilty of a felony and shall be sentenced to a term of not to exceed five (5) years in the state penitentiary. (2) The use of obscene, lewd, or profane language or the making of a threat or obscene proposal, or the sending of repeated anonymous telecommunications, emails, text messages, or any other form of electronic communication as set forth in this section may be prima facie evidence of intent to annoy, terrify, threaten, intimidate, harass, or offend. (3) For the purposes of this section, the term telecommunication shall mean the transmission of messages, signals, facsimiles, video images, or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection. History: [18-6710, added 1980, ch. 326, sec. 2, p. 841; am. 1994, ch. 167, sec. 5, p. 376; am. 2024, ch. 253, sec. 1, p. 892.]

18-6711

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6711. Use of telephone to terrify, intimidate, harass or annoy by false statements — Penalties. (1) Every person who telephones another and knowingly makes any false statements concerning injury, death, disfigurement, indecent conduct or criminal conduct of the person telephoned or any member of his family, with intent to terrify, intimidate, harass or annoy the called person, is guilty of a misdemeanor. Upon a second or subsequent conviction of the violation of the provisions of this section, the defendant shall be guilty of a felony. (2) The making of a false statement as herein set out may be prima facie evidence of intent to terrify, intimidate, harass or annoy. (3) For the purposes of this section, the term telephone shall mean any device which provides transmission of messages, signals, facsimiles, video images or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire or the projection of energy without physical connection. History: [18-6711, added 1980, ch. 326, sec. 2, p. 842; am. 1994, ch. 167, sec. 6, p. 376.]

18-6711A

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6711A. False alarms — Complaints — Reports — Penalties — Civil damages. (a) Any person calling the number 911 for the purpose of making a false alarm or complaint and reporting false information which could or does result in the emergency response of any firefighting, police, medical or other emergency services shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to a fine of not to exceed one thousand dollars ($1,000) or to a term of not to exceed one (1) year in the county jail, or to both such fine and imprisonment. (b) In addition to the criminal penalties for violation of the provisions of this section, civil damages may be recovered from the person so convicted in an amount of three (3) times the amount necessary to compensate or reimburse the complainant for costs incurred, losses sustained or other damages suffered in receiving, acting upon or responding to the false alarm, complaint or report. If the person so convicted is under the age of eighteen (18) years of age, the parent having legal custody of the minor may be jointly and severally liable with the minor for such civil damages as are imposed. Recovery from the parents shall not be limited by any other provision of law which limits the liability of a parent for the tortious or criminal conduct of a minor. A parent not having legal custody of the minor shall not be liable for civil damages imposed hereunder. History: [18-6711A, added 1990, ch. 133, sec. 1, p. 306; am. 2005, ch. 359, sec. 10, p. 1136; am. 2012, ch. 257, sec. 3, p. 709.]

18-6712

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6712. Place of offense. Any offense committed by use of a telephone as provided by this chapter may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received. History: [18-6712, added 1980, ch. 326, sec. 2, p. 842.]

18-6713

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6713. Theft of telecommunication services. (1) As used in this section: (a) Clone cellular telephone or counterfeit cellular telephone is a cellular telephone whose electronic serial number has been altered from the electronic serial number that was programmed in the telephone by the manufacturer by someone other than the manufacturer. (b) Cloning paraphernalia means materials that, when possessed in combination, are capable of creating a cloned cellular telephone. These materials include: scanners to intercept the electronic serial number and mobile identification number, cellular telephones, cables, EPROM chips, EPROM burners, software for programming the cloned phone with a false electronic serial number and mobile identification number combination, a computer containing such software and lists of electronic serial number and mobile identification number combinations. (c) Electronic serial number means the unique number that was programmed into a cellular telephone by its manufacturer which is transmitted by the cellular phone and used by cellular telephone providers to validate radio transmissions to the system as having been made by an authorized device. (d) EPROM or erasable programmable read-only memory means an integrated circuit memory that can be programmed from an external source and erased, for reprogramming, by exposure to ultraviolet light. (e) Illegal telecommunications equipment means any instrument, apparatus, equipment, or device which is designed or adapted, and otherwise used or intended to be used for the theft of any telecommunication service or for concealing from any supplier of telecommunication service or lawful authority the existence, place of origin, use or destination of any telecommunication. (f) Intercept means to electronically capture, record, reveal or otherwise access the signals emitted or received during the operation of a cellular telephone without the consent of the sender or receiver of the signals, by means of any instrument, device or equipment. (g) Mobile identification number means the cellular telephone number assigned to the cellular telephone by the cellular telephone carrier. (h) Possess means to have physical possession or otherwise to exercise dominion or control over tangible property. (i) Telecommunication service means a service which, in exchange for a pecuniary consideration, provides or offers to provide transmission of messages, signals, facsimiles, video images or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection. (2) It is unlawful intentionally to: (a) Make illegal telecommunications equipment; or (b) Sell, give, or furnish to another or advertise or offer for sale illegal telecommunications equipment; or (c) Sell, give, or furnish to another or advertise or offer for sale any plans or

18-6714

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6714. Aiding the avoidance of telecommunications charges. (1) A person commits the offense of aiding the avoidance of telecommunications charges when he: (a) Publishes the number or code of an existing, canceled, revoked, expired, or nonexistent credit card or the numbering or coding which is employed in the issuance of credit cards with the purpose that it will be used to avoid the payment of lawful telecommunications charges; or (b) Publishes, advertises, sells, gives, or otherwise transfers to another plans or instructions for the making or assembling of any apparatus, instrument, equipment, or device described in section 18-6713 , Idaho Code, with the purpose that such will be used or with the knowledge or reason to believe that such will be used to avoid the payment of lawful telecommunications charges. (2) A person convicted of the offense of aiding the avoidance of telecommunications charges shall be punished according to the provisions of section 18-6713 , Idaho Code. (3) For the purposes of this section, the term publish means to communicate information to any one or more persons either orally; in person; by telephone, radio, or television; or in a writing of any kind. History: [18-6714, added 1980, ch. 326, sec. 2, p. 843; am. 1997, ch. 144, sec. 2, p. 419.]

18-6715

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6715. Forgery of telegraphic messages. Every person who knowingly and willfully sends by telegraph to any person a false or forged message purporting to be from such telegraph office, or from any other person, or who willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph, or who furnishes or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or to be delivered, any such message, knowing the same to be false or forged with the intent to deceive, injure, or defraud another, is punishable by imprisonment in the state prison for a term not to exceed five (5) years, or by a fine not to exceed five thousand dollars ($5,000), or by both such fine and imprisonment. History: [18-6715, added 1980, ch. 326, sec. 2, p. 843.]

18-6716

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6716. Opening telegrams. Every person not connected with any telegraphic office who without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope enclosing a telegraphic message and addressed to any other person, with the purpose of learning the contents of such message, or who fraudulently represents any other person, and thereby procures to be delivered to himself any telegraphic message addressed to such other person, with the intent to use, destroy or detain the same from the person or persons entitled to receive such message, is punishable as provided in section 18-6715 , Idaho Code. History: [18-6716, added 1980, ch. 326, sec. 2, p. 844.]

18-6717

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6717. Refusal to send or deliver telegraph message. Every agent, operator or employee of any telegraph office who willfully refuses or neglects to send any message received at such office for transmission, or willfully postpones the same out of its order, or willfully refuses or neglects to deliver any message received by telegraph, is guilty of a misdemeanor. Nothing herein contained shall be construed to require any message to be received, transmitted or delivered unless the charges thereon have been paid or tendered. History: [18-6717, added 1980, ch. 326, sec. 2, p. 844.]

18-6718

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6718. Opening sealed mail or packages. (1) Every person who willfully opens or breaks the seal, or reads, or causes to be read, any sealed mail not addressed to such person without being authorized to do so either by the writer or by the person to whom it is addressed, and every person who, without the like authority, publishes any of the contents of such mail knowing the same to have been unlawfully opened, is guilty of a misdemeanor. (2) For the purposes of this section, mail means any written communication or package that is designed to be carried by the United States postal service or any other federally regulated carrier of packages, parcels or letters. History: [18-6718, added 1980, ch. 326, sec. 2, p. 844; am. 1994, ch. 167, sec. 7, p. 377.]

18-6719

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6719. Definitions for pen registers and trap and trace devices. (1) Attorney general means the attorney general of the state of Idaho; (2) Pen register means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business; (3) Prosecuting attorney means the prosecuting attorney of each county of the state of Idaho; (4) Trap and trace device means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. History: [18-6719, added 1987, ch. 215, sec. 1, p. 461.]

18-6720

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6720. General prohibition on pen register and trap and trace device use — Exception. (1) Except as provided in section 18-6720 , Idaho Code, no person may install or use a pen register or a trap and trace device without first obtaining a court order under section 18-6722 , Idaho Code. (2) The prohibition of subsection (1) of this section does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service: (a) Relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; or (b) To record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or (c) Where the consent of the user of that service has been obtained. (3) Whoever knowingly violates the provisions of subsection (1) of this section shall be guilty of a misdemeanor. History: [18-6720, added 1987, ch. 215, sec. 2, p. 461.]

18-6721

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6721. Application for an order for a pen register or a trap and trace device. (1) The prosecuting attorney or attorney general may make application for an order or an extension of an order under section 18-6722 , Idaho Code, authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation to the district court. (2) An application under subsection (1) of this section shall include: (a) The identity of the prosecuting attorney or attorney general making the application and the identity of the law enforcement agency conducting the investigation; and (b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency. History: [18-6721, added 1987, ch. 215, sec. 3, p. 462.]

18-6722

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6722. Issuance of an order for a pen register or a trap and trace device. (1) Upon an application made under section 18-6721 , Idaho Code, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the prosecuting attorney, the attorney general, or the state law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. (2) An order issued under this section: (a) Shall specify– 1. The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached; 2. The identity, if known, of the person who is the subject of the criminal investigation; 3. The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and 4. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and (b) Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under section 18-6723 , Idaho Code. (3) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty (60) days. Extensions of such an order may be granted, but only upon an application for an order under section 18-6721 , Idaho Code, and upon the judicial finding required by subsection (1) of this section. The period of extension shall be for a period not to exceed sixty (60) days. (4) An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that: (a) The order be sealed until otherwise ordered by the court; and (b) The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court. History: [18-6722, added 1987, ch. 215, sec. 4, p. 462.]

18-6723

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6723. Assistance in installation and use of a pen register or a trap and trace device. (1) Upon the request of the prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant, investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in section 18-6722 , Idaho Code. (2) Upon the request of a prosecuting attorney or attorney general, or an officer of a law enforcement agency authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in section 18-6722 (2)(b), Idaho Code. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court, at reasonable intervals during regular business hours for the duration of the order. (3) A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance. (4) No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter. (5) A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law. History: [18-6723, added 1987, ch. 215, sec. 5, p. 463.]

18-6725

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6725. Rule for prior interceptions. Any pen register or trap and trace device installed prior to the effective date of this act which would be valid and lawful without regard to the amendments made by sections 18-6719 and 18-6724 , Idaho Code, shall be valid and lawful. History: [18-6725, added 1987, ch. 215, sec. 7, p. 464.]

18-6726

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 67 COMMUNICATIONS SECURITY 18-6726. TikTok use by state employees on a state-issued device prohibited. (1) As used in this section, TikTok means the social networking service owned by the Chinese company ByteDance Limited or any successor application. (2) No person or entity that contracts with the state government and no member or employee of: (a) The executive branch, the state legislature, or the judiciary; (b) Any state-funded agency, department, organization, commission, office, division, board, bureau, council, college, university, administration, or corrections industry or any other division or subdivision that is funded in whole or in part through funds appropriated in the state budget; or (c) The Idaho air national guard, Idaho army national guard, or Idaho state police, not including use for gathering military intelligence or criminal investigations by law enforcement, shall download or use the TikTok application or visit the TikTok website on any network owned by, operated by, or otherwise under the control of state government or on any state government-issued device, including but not limited to a cellular phone, a computer, or any other device capable of internet connectivity. (3) The executive branch, the legislative branch, and the judicial branch shall implement controls to prevent the use of TikTok on state government-issued equipment or while connected to any network owned, operated, or otherwise under the control of state government. (4) Any person who knowingly violates the provisions of subsection (2) of this section shall be guilty of a misdemeanor. History: [18-6726, added 2023, ch. 136, sec. 2, p. 380.]