As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 15

Representative Hill 

Cosponsors: Representatives Sears, Adams, J., Grossman, Becker, Blair, Boose, Brown, Gonzales, Hackett, Kunze, McClain, McGregor, Roegner, Ruhl, Scherer, Smith, Stebelton, Thompson, Wachtmann, Young, Barnes, O'Brien, Patmon, Pillich, Reece, Hayes 

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A BILL

To amend section 2933.52 of the Revised Code to

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exempt under certain circumstances a parent or a

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person acting in loco parentis from the

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prohibition of the interception of wire, oral, or

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electronic communications.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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:

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(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;

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(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
bands allocated to the amateur, citizencitizens band, or general	97
mobile radio services;	98

(d) A marine or aeronautical communications system.

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(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) Except as provided in division (B)(14)(b) of this	110
section, a parent of a minor child or a person acting in loco	111
parentis of a minor child, including but not limited to a	112
guardian, custodian, grandparent acting under a power of attorney	113
created under section 3109.52 of the Revised Code, with respect to	114
any wire, oral, or electronic communication in which the minor	115
child participates or of which the minor child is a recipient or	116
intended recipient if the interception is made in good faith for	117
the protection of the child.	118

(b) This section applies to a person described in division	119
(B)(14)(a) of this section with respect to the minor child's wire	120
or electronic communication with a noncustodial parent if, in an	121
action under Chapter 3105. or 3109. of the Revised Code, the court	122
orders that the minor child have a means of wire or electronic	123
communication with a noncustodial parent that is set up to allow	124
communication only with the noncustodial parent.	125

(C) Whoever violates this section is guilty of interception	126
of wire, oral, or electronic communications, a felony of the	127
fourth degree.	128

Section 2. That existing section 2933.52 of the Revised Code	129
is hereby repealed.	130