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| To amend section 2933.52 of the Revised Code to | 1 |
| exempt under certain circumstances a parent or a | 2 |
| person acting in loco parentis from the | 3 |
| prohibition of the interception of wire, oral, or | 4 |
| electronic communications. | 5 |
| Section 1. That section 2933.52 of the Revised Code be | 6 |
| amended to read as follows: | 7 |
| Sec. 2933.52. (A) No person purposely shall do any of the | 8 |
| following: | 9 |
| (1) Intercept, attempt to intercept, or procure another | 10 |
| person to intercept or attempt to intercept a wire, oral, or | 11 |
| electronic communication; | 12 |
| (2) Use, attempt to use, or procure another person to use or | 13 |
| attempt to use an interception device to intercept a wire, oral, | 14 |
| or electronic communication, if either of the following applies: | 15 |
| (a) The interception device is affixed to, or otherwise | 16 |
| transmits a signal through, a wire, cable, satellite, microwave, | 17 |
| or other similar method of connection used in wire communications; | 18 |
| (b) The interception device transmits communications by | 19 |
| radio, or interferes with the transmission of communications by | 20 |
| radio. | 21 |
| (3) Use, or attempt to use, the contents of a wire, oral, or | 22 |
| electronic communication, knowing or having reason to know that | 23 |
| the contents were obtained through the interception of a wire, | 24 |
| oral, or electronic communication in violation of sections 2933.51 | 25 |
| to 2933.66 of the Revised Code. | 26 |
| (B) This section does not apply to any of the following: | 27 |
| (1) The interception, disclosure, or use of the contents, or | 28 |
| evidence derived from the contents, of an oral, wire, or | 29 |
| electronic communication that is obtained through the use of an | 30 |
| interception warrant issued pursuant to sections 2933.53 to | 31 |
| 2933.56 of the Revised Code, that is obtained pursuant to an oral | 32 |
| approval for an interception granted pursuant to section 2933.57 | 33 |
| of the Revised Code, or that is obtained pursuant to an order that | 34 |
| is issued or an interception that is made in accordance with | 35 |
| section 802 of the "Omnibus Crime Control and Safe Streets Act of | 36 |
| 1968," 82 Stat. 237, 254, 18 U.S.C. 2510 to 2520 (1968), as | 37 |
| amended, the "Electronic Communications Privacy Act of 1986," 100 | 38 |
| Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended, or the | 39 |
| "Foreign Intelligence Surveillance Act," 92 Stat. 1783, 50 U.S.C. | 40 |
| 1801.11 (1978), as amended; | 41 |
| (2) An operator of a switchboard, or an officer, employee, or | 42 |
| agent of a provider of wire or electronic communication service, | 43 |
| whose facilities are used in the transmission of a wire or | 44 |
| electronic communication to intercept, disclose, or use that | 45 |
| communication in the normal course of employment while engaged in | 46 |
| an activity that is necessary to the rendition of service or to | 47 |
| the protection of the rights or property of the provider of that | 48 |
| service, except that a provider of wire or electronic | 49 |
| communication service to the public shall not utilize service | 50 |
| observing or random monitoring except for mechanical or service | 51 |
| quality control checks; | 52 |
| (3) A law enforcement officer who intercepts a wire, oral, or | 53 |
| electronic communication, if the officer is a party to the | 54 |
| communication or if one of the parties to the communication has | 55 |
| given prior consent to the interception by the officer; | 56 |
| (4) A person who is not a law enforcement officer and who | 57 |
| intercepts a wire, oral, or electronic communication, if the | 58 |
| person is a party to the communication or if one of the parties to | 59 |
| the communication has given the person prior consent to the | 60 |
| interception, and if the communication is not intercepted for the | 61 |
| purpose of committing a criminal offense or tortious act in | 62 |
| violation of the laws or Constitution of the United States or this | 63 |
| state or for the purpose of committing any other injurious act; | 64 |
| (5) An officer, employee, or agent of a communications common | 65 |
| carrier providing information, facilities, or technical assistance | 66 |
| to an investigative officer who is authorized to intercept a wire, | 67 |
| oral, or electronic communication pursuant to sections 2933.51 to | 68 |
| 2933.66 of the Revised Code; | 69 |
| (6) The use of a pen register in accordance with federal or | 70 |
| state law; | 71 |
| (7) The use of a trap and trace device in accordance with | 72 |
| federal or state law; | 73 |
| (8) A police, fire, or emergency communications system to | 74 |
| intercept wire communications coming into and going out of the | 75 |
| communications system of a police department, fire department, or | 76 |
| emergency center, if both of the following apply: | 77 |
| (a) The telephone, instrument, equipment, or facility is | 78 |
| limited to the exclusive use of the communication system for | 79 |
| administrative purposes; | 80 |
| (b) At least one telephone, instrument, equipment, or | 81 |
| facility that is not subject to interception is made available for | 82 |
| public use at each police department, fire department, or | 83 |
| emergency center. | 84 |
| (9) The interception or accessing of an electronic | 85 |
| communication made through an electronic communication system that | 86 |
| is configured so that the electronic communication is readily | 87 |
| accessible to the general public. | 88 |
| (10) The interception of a radio communication that is | 89 |
| transmitted by any of the following: | 90 |
| (a) A station for the use of the general public; | 91 |
| (b) A governmental, law enforcement, civil defense, private | 92 |
| land mobile, or public safety communications system, including a | 93 |
| police or fire system, that is readily accessible to the general | 94 |
| public; | 95 |
| (c) A station operating on an authorized frequency within the | 96 |
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bands allocated to the amateur, | 97 |
| mobile radio services; | 98 |
| (d) A marine or aeronautical communications system. | 99 |
| (11) The interception of a radio communication that relates | 100 |
| to a ship, aircraft, vehicle, or person in distress. | 101 |
| (12) The interception of a wire or electronic communication | 102 |
| the transmission of which is causing harmful interference to a | 103 |
| lawfully operating station or consumer electronic equipment, to | 104 |
| the extent necessary to identify the source of that interference. | 105 |
| (13) Other users of the same frequency to intercept a radio | 106 |
| communication made through a system that utilizes frequencies | 107 |
| monitored by individuals engaged in the provision or the use of | 108 |
| that system, if the communication is not scrambled or encrypted. | 109 |
| (14) A parent of a minor child or a person acting in loco | 110 |
| parentis of a minor child, including but not limited to a | 111 |
| guardian, custodian, grandparent acting under a power of attorney | 112 |
| created under section 3109.52 of the Revised Code, with respect to | 113 |
| any wire, oral, or electronic communication in which the minor | 114 |
| child participates or of which the minor child is a recipient or | 115 |
| intended recipient if the interception is made in good faith for | 116 |
| the protection of the child. | 117 |
| (C) Whoever violates this section is guilty of interception | 118 |
| of wire, oral, or electronic communications, a felony of the | 119 |
| fourth degree. | 120 |
| Section 2. That existing section 2933.52 of the Revised Code | 121 |
| is hereby repealed. | 122 |