Indiana § 35-33-14-5 - Composition of fund

§ 35-33-14-5. Composition of fund

Sec. 5. The fund consists of the portion of late surrender fees deposited in the fund under IC 27-10-2-12(i).

As added by P.L.355-1989(ss), SEC.15.

IC 35-33.5ARTICLE 33.5. INTERCEPTION OF TELEPHONIC OR TELEGRAPHIC COMMUNICATIONS

Ch. 1.Repealed Ch. 2.Applications, Procedures, and Reports Ch. 3.Duties of the Court Ch. 4.Procedures Regarding Intercepted Communications Ch. 5.Confidentiality of Disclosure, Remedies, and Offenses

IC 35-33.5-1Chapter 1. RepealedRepealed by P.L.114-2012, SEC.72.

IC 35-33.5-2Chapter 2. Applications, Procedures, and Reports

35-33.5-2-1Application for warrant by prosecuting or designated deputy prosecuting attorney; coapplicant; interception equipment under control of state police; reimbursement to state police 35-33.5-2-2Application or extension in writing and upon oath of affirmation; information required 35-33.5-2-3Allegations of fact; basis; information required; supporting affidavits 35-33.5-2-3.5Alternative procedure for issuance of warrant; requirement for recording and transcription 35-33.5-2-4Reports to legislative council on warrants or extensions granted; reports on arrests or convictions 35-33.5-2-5Reports to chief administrative officer of the office of judicial administration on termination and denials

IC 35-33.5-2-1Application for warrant by prosecuting or designated deputy prosecuting attorney; coapplicant; interception equipment under control of state police; reimbursement to state police Sec. 1. (a) A prosecuting attorney or, if the prosecuting attorney is unavailable, a chief deputy prosecuting attorney specifically authorized by the prosecuting attorney, may submit an application for a warrant or an extension to a circuit or superior court where:

(1) the county that the prosecuting attorney represents is located; and

(2) the communication subject to the warrant is anticipated to be sent or received.

The prosecuting attorney or authorized chief deputy prosecuting attorney may not delegate the responsibility of applying for a warrant or an extension to another deputy prosecuting attorney.

(b) One (1) of the following persons must serve as a coapplicant for a warrant or an extension under subsection (a):

(1) The superintendent of the state police department.

(2) The police chief of a consolidated city where the communication subject to the warrant is anticipated to be sent or received.

(3) The sheriff of the county containing a consolidated city where the communication subject to the warrant is anticipated to be sent or received.

(c) Only the state police department may install equipment used to intercept an electronic communication under this chapter.

(d) The state police department may:

(1) operate or monitor equipment used to intercept an electronic communication; or

(2) if the interception of an electronic communication is performed on behalf of another law enforcement agency, permit the law enforcement agency to operate or monitor the equipment under the supervision of the department.

(e) The superintendent of the state police department may terminate an interception under this chapter if the superintendent of the state police department determines that there is probable cause to believe that the allegations concerning the offense that are the basis of the interception are without merit. If an interception of an electronic communication is terminated under this subsection, the law enforcement agency that is the co-applicant for the interception shall reimburse the state police department for the department's expenses incurred in connection with the application for interception, including the costs of removing equipment related to the interception.

(f) If the interception of an electronic communication is performed on behalf of another law enforcement agency, the law enforcement agency shall reimburse the department for the department's expenses in connection with the installation, operation, and maintenance of equipment used to intercept an electronic communication.

As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.6.

IC 35-33.5-2-2Application or extension in writing and upon oath of affirmation; information required Sec. 2. (a) Except as provided in section 3.5 of this chapter, an application for a warrant or extension must be made in writing and upon oath or affirmation. Each application must also include the following:

(1) The identity of the persons submitting the application.

(2) An affidavit setting forth the facts relied upon by an applicant to show why a warrant should be issued or an extension granted, including the following:

(A) Facts establishing probable cause for the belief that a designated offense allegedly has been, is being, or may be committed.

(B) A description of the nature and location of the facility, place, or device from which the communication is to be intercepted.

(C) The identity, if known, of the person allegedly committing the designated offense whose communication is to be intercepted.

(D) A description of the type of communication to be intercepted.

(3) A statement specifying that other investigative procedures:

(A) have been tried and failed; or

(B) may not succeed or are too dangerous to attempt.

(4) A statement of the duration necessary for the interception. However, if the applicant requests that the authorization for interception not automatically terminate once the described type of communication is initially obtained, the application must also include a description of facts supporting the belief that additional communications of the same type will occur.

(5) A statement of facts and any action taken by the court concerning any previous application for a warrant or an extension that:

(A) has been made to a court under this article;

(B) sought to obtain communications from any of the same persons, places, or facilities as the current application; and

(C) is known to exist by the persons making the current application.

(6) If it is reasonably necessary to make a secret entry upon private property to install an interception device, a statement describing the following:

(A) The private property.

(B) Who owns and who occupies the private property.

(C) The reasons necessitating secret entry.

(b) In addition to the information required in subsection (a), if an application is for an extension, the application must contain a statement setting forth the results obtained from the original warrant or a reasonable explanation of the failure to obtain results under the original warrant.

(c) The court may require an applicant to furnish additional testimony or evidence in support of an application.

As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.7.

IC 35-33.5-2-3Allegations of fact; basis; information required; supporting affidavits Sec. 3. (a) Allegations of fact in an application for a warrant submitted under this chapter may be based either upon the personal knowledge of the applicant or upon information and belief.

(b) If the applicant personally knows the facts alleged, the applicant shall state that the affidavit is based upon personal knowledge.

(c) If the allegations of fact are derived in whole or in part from the statements of persons other than the applicant:

(1) the sources of the applicant's information and belief must be either disclosed or described;

(2) the application must contain facts establishing the existence and reliability of:

(A) any informant; and

(B) information supplied by any informant; and

(3) the basis of an informant's knowledge or belief must be disclosed, as far as possible.

(d) If the applicant's information and belief is derived from:

(1) tangible evidence; or

(2) recorded oral evidence;

the applicant shall attach to the application a copy or detailed description of the tangible evidence or recorded oral evidence.

(e) Affidavits of persons other than the applicant may be attached to the application if the affidavits of other persons tend to support any fact or conclusion alleged in the application. An affidavit attached to the application under this subsection may be based either on personal knowledge of the affiant or on information and belief. However, if the attached affidavit is based on information and belief the affiant shall state the source of, and the reason for, the information and belief.

As added by P.L.161-1990, SEC.3.

IC 35-33.5-2-3.5Alternative procedure for issuance of warrant; requirement for recording and transcription Sec. 3.5. (a) A court may issue a warrant without the affidavit required under section 2 of this chapter, if the court receives sworn testimony of the same facts required for an affidavit:

(1) in a nonadversarial, recorded hearing before the judge;

(2) orally by telephone or radio; or

(3) in writing by facsimile (fax) transmission.

In addition, the prosecuting attorney or, if the prosecuting attorney is unavailable, a chief deputy prosecuting attorney specifically authorized by the prosecuting attorney, shall inform the court that a person described in section 1(b) of this chapter has agreed to serve as a coapplicant of the warrant. The prosecuting attorney or authorized chief deputy prosecuting attorney may not delegate the responsibility of applying for a warrant to another deputy prosecuting attorney.

(b) After the affiant recites the facts required for an affidavit and verifies the facts recited under penalty of perjury, a prosecuting attorney or chief deputy prosecuting attorney who applies for a warrant under subsection (a)(2) shall read to the court from a warrant form on which the prosecuting attorney or chief deputy prosecuting attorney enters the information read by the affiant to the court. The court may direct the prosecuting attorney or chief deputy prosecuting attorney to modify the warrant. If the court agrees to issue the warrant, the court shall direct the prosecuting attorney or chief deputy prosecuting attorney to sign the judge's name to the warrant, adding the time of the issuance of the warrant.

(c) After transmitting an affidavit, a prosecuting attorney or chief deputy prosecuting attorney who applies for a warrant under subsection (a)(3) shall transmit to the court a copy of a warrant form completed by the prosecuting attorney or chief deputy prosecuting attorney. The court may modify the transmitted warrant. If the court agrees to issue the warrant, the court shall transmit to the applicant a duplicate of the warrant. The judge shall then sign the warrant retained by the court, adding the time of the issuance of the warrant.

(d) If a warrant is issued under subsection (a)(2), the court shall record the conversation and order the court reporter to type or transcribe the recording for entry in the record. The court shall certify the recording, the transcription, and the warrant retained by the court for entry in the record.

(e) If a warrant is issued under subsection (a)(3), the court shall order the court reporter to retype or copy the facsimile transmission for entry in the record. The court shall certify the transcription or copy and warrant retained by the court for entry in the record.

(f) The court reporter shall notify the prosecuting attorney or chief deputy prosecuting attorney who received a warrant under subsection (a)(2) or (a)(3) when the transcription or copy required under this section is entered in the record. The prosecuting attorney or chief deputy prosecuting attorney shall sign the typed, transcribed, or copied entry upon receiving notice from the court reporter.

As added by P.L.105-2007, SEC.8.

IC 35-33.5-2-4Reports to legislative council on warrants or extensions granted; reports on arrests or convictions Sec. 4. (a) Not later than December 31 of each year, a prosecuting attorney who during that year:

(1) has received a warrant or an extension; or

(2) represents a county in which an arrest or a conviction has occurred as the result of the warrant or extension;

shall report in an electronic format under IC 5-14-6 the information described in subsection (b) to the legislative council.

(b) A prosecuting attorney shall report the following information under subsection (a):

(1) The information required in section 5 of this chapter.

(2) The number of arrests resulting from an interception made under a warrant or extension and the designated offense for which each arrest was made.

(3) The number of charges filed as a result of an interception.

(4) The number of motions to suppress made with respect to an interception and the number of motions granted or denied.

(5) The number of convictions resulting from an interception, the designated offense for which each conviction was obtained, and a general assessment of the importance of interception in obtaining the convictions.

(6) A general description of the interceptions made under a warrant or an extension, including the following:

(A) The approximate nature and frequency of incriminating communications intercepted.

(B) The approximate nature and frequency of other communications intercepted.

(C) The approximate number of persons whose communications were intercepted.

(D) The approximate nature, amount, and cost of manpower and other resources used in relation to the interceptions.

As added by P.L.161-1990, SEC.3. Amended by P.L.28-2004, SEC.176.

IC 35-33.5-2-5Reports to chief administrative officer of the office of judicial administration on termination and denials Sec. 5. Within twenty-eight (28) days after the termination of a warrant or an extension, or the denial of an application for a warrant or an extension, the court to which application for the warrant or an extension was made shall submit a report to the chief administrative officer of the office of judicial administration (IC 33-24-6-1) containing the following information:

(1) The fact that a warrant or an extension was applied for.

(2) The type of warrant or extension applied for.

(3) The fact that the application for a warrant or an extension was granted, modified, or denied.

(4) The duration authorized for interception by the warrant and the number and duration of any extensions.

(5) The designated offense for which the warrant or extension was issued or applied for.

(6) The identity of the persons who applied for the warrant or extension.

(7) The nature and location of the place, facility, or device from which communications were to be intercepted.

(8) The reasons for withholding notice under IC 35-33.5-4-3, if the notice was withheld.

As added by P.L.161-1990, SEC.3. Amended by P.L.98-2004, SEC.142; P.L.105-2007, SEC.9; P.L.161-2018, SEC.116.

IC 35-33.5-3Chapter 3. Duties of the Court

35-33.5-3-1Authorization of warrant or extension; determinations by court; examinations under oath; in camera inquiries 35-33.5-3-2Information required in warrant 35-33.5-3-3Repealed

IC 35-33.5-3-1Authorization of warrant or extension; determinations by court; examinations under oath; in camera inquiries Sec. 1. (a) A court may enter an order authorizing a warrant or an extension if, based on the facts submitted by an applicant, the court determines the following:

(1) Probable cause exists to believe that the person whose communications are to be intercepted is committing, has committed, or may commit a designated offense.

(2) Communications concerning the designated offense identified in the warrant application are likely to be obtained through the requested interception.

(3) Exigent circumstances are present that require the preservation of secrecy where there is a reasonable likelihood that a continuing investigation would be prevented if a person subject to investigation was alerted to the fact that the investigation was occurring.

(4) A place, facility, or device from which communications are to be intercepted is:

(A) being used or about to be used by;

(B) listed in the name of;

(C) leased to; or

(D) commonly used by;

a person who is committing, has committed, or may commit a designated offense.

(5) Investigative procedures:

(A) have been tried but have failed;

(B) are unlikely to succeed; or

(C) are too dangerous to attempt.

(b) In making a determination of probable cause required under subsection (a)(1) before a warrant may be issued by the court, the court may examine under oath any person. The court shall order the court reporter to:

(1) prepare a verbatim transcript of an examination made under this subsection; and

(2) attach the transcript to the application for the warrant.

(c) In making a determination of probable cause required under subsection (a)(1) before a warrant may be issued by the court, if there is no corroborative evidence offered in support of the allegation of probable cause, the court shall inquire in camera concerning:

(1) the identity of any informants; or

(2) any additional information the court considers relevant to a determination of probable cause to believe that the person whose communications are to be intercepted is committing, has committed, or may commit a designated offense.

(d) The court may modify the application and authorize a warrant or an extension that is more limited in authority for interception than the warrant or extension that was requested by the applicant.

As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.10.

IC 35-33.5-3-2Information required in warrant Sec. 2. A court that issues a warrant or an extension shall specify the following information in the warrant:

(1) The identity of the law enforcement agency that the warrant directs to make the interception.

(2) The identity of the person, if known, whose communication is to be intercepted.

(3) The nature and location of the facility, place, or device from which the communication is to be intercepted.

(4) The type of communication to be intercepted and a statement of the designated offense to which the communication relates.

(5) That the interception must be conducted in a manner that minimizes the interception of communication that:

(A) is not relevant to the designated offense; and

(B) is not authorized by the warrant or extension.

(6) That methods required by the court to minimize the interception of irrelevant communications include the immediate termination by a law enforcement officer of the recording of a communication that is clearly irrelevant to the investigation of a designated offense.

(7) The duration during which the interception is authorized, including a statement as to whether the interception automatically terminates once the described communication is initially obtained.

As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.11.

IC 35-33.5-3-3RepealedAs added by P.L.161-1990, SEC.3. Amended by P.L.98-2004, SEC.143. Repealed by P.L.105-2007, SEC.15.

IC 35-33.5-4Chapter 4. Procedures Regarding Intercepted Communications

35-33.5-4-1Limitations; mandatory assistance to accomplish interception; compensation 35-33.5-4-2Progress reports to court 35-33.5-4-3Inventory to party of terminated warrant or extension; information available to person whose communications have been intercepted; postponement of inventory services 35-33.5-4-4Suppression of evidence; basis 35-33.5-4-5Motion to suppress; information or evidence available to aggrieved person; appeal of granted motion

IC 35-33.5-4-1Limitations; mandatory assistance to accomplish interception; compensation Sec. 1. (a) A court may not authorize interception under a warrant or an extension for a period longer than is necessary to achieve the objective of the warrant or extension. Except as provided in subsection (d), a warrant and each extension may authorize interception for not more than thirty (30) days. A court that issues a warrant or an extension shall order that the authorized interception must:

(1) occur within ten (10) days after the court issues the warrant or extension;

(2) be conducted in a manner that minimizes the interception of a communication that is clearly irrelevant to the investigation of a designated offense; and

(3) terminate upon completion of the authorized objective or within thirty (30) days after the interception begins, whichever occurs first.

(b) A court may grant not more than three (3) extensions.

(c) A warrant or an extension may direct that a person immediately furnish an applicant all information, facilities, and technical assistance within that person's control necessary to accomplish the interception with a minimum of interference with the services that the person is furnishing to the person whose communication is to be intercepted. The applicant shall compensate a person furnishing facilities or technical assistance to the applicant at the prevailing rates.

(d) A warrant issued under IC 35-33.5-2-3.5 expires after twenty-four (24) hours, unless:

(1) the court that issued the warrant established a shorter period of expiration; or

(2) the warrant is extended in accordance with section 2 of this chapter.

A warrant extended in accordance with section 2 of this chapter expires as described in subsection (a).

As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.12; P.L.3-2008, SEC.248.

IC 35-33.5-4-2Progress reports to court Sec. 2. Whenever a warrant or an extension is issued under this article, the court shall order that reports be submitted to the court indicating the progress that has been made toward the authorized objective and whether continued interception is necessary. The court may establish the times when a report is required.

As added by P.L.161-1990, SEC.3.

IC 35-33.5-4-3Inventory to party of terminated warrant or extension; information available to person whose communications have been intercepted; postponement of inventory services Sec. 3. (a) Within sixty (60) days after the termination of a warrant or an extension, the court shall cause to be served upon each person from whom communication was to be intercepted and upon any other party to an interception whom the court determines it is in the interest of justice to serve, an inventory that includes notice of the following:

(1) The date that the application for the warrant or extension was submitted.

(2) The date on which the warrant or extension was granted.

(3) The time during which the interception was authorized.

(4) Whether the type of communication specified in the warrant was intercepted during the authorized time.

(b) The court may make available for inspection, to any person whose communications have been intercepted under a warrant issued under this chapter and who makes a request, any part of the applications, warrants, extensions and recordings that the court determines to be in the interest of justice. On an ex parte showing of good cause to the issuing court, the serving of the inventory required by this section may be postponed.

(c) If a party moves the court for postponement of service of the inventory required under subsection (a) on the grounds that secrecy is essential, the moving party shall:

(1) submit the motion to the court in writing or by transcription; and

(2) attach to the motion a statement of reasons for the party's belief that secrecy of the documents is essential.

As added by P.L.161-1990, SEC.3.

IC 35-33.5-4-4Suppression of evidence; basis Sec. 4. (a) Upon a motion to suppress evidence arising from a warrant, a court may suppress the contents of or evidence derived from an interception based on:

(1) the grounds that the communication was intercepted in violation of this article;

(2) the grounds that the warrant or extension under which the communication was intercepted is insufficient on the face the warrant or extension;

(3) the grounds that the interception was not made in conformity with the warrant or extension;

(4) the grounds that a material defect, such as the failure to comply with the requirements that limit the use of authorized interceptions, exists in the application, the warrant, or the process of executing the warrant; or

(5) any other grounds that are a basis for suppressing the evidence.

(b) A court may not suppress the contents of or evidence derived from an interception if the motion to suppress is based on an immaterial defect in the application, the warrant, or the process of executing the warrant.

As added by P.L.161-1990, SEC.3.

IC 35-33.5-4-5Motion to suppress; information or evidence available to aggrieved person; appeal of granted motion Sec. 5. (a) If a court grants a motion to suppress under this article, the contents of the interception or evidence derived from the interception are considered to have been obtained in violation of this article. The court, upon the filing of the motion by an aggrieved person, may make available for inspection to the aggrieved person, or the person's attorney, any part of the interception or evidence derived from the interception that the court determines to be in the interest of justice.

(b) In addition to any other right to appeal, the state may appeal from an order granting a motion to suppress made under this section if the prosecuting attorney certifies to the court granting the motion that the appeal is not taken for purpose of delay. The state must file the appeal in accordance with the rules adopted by the Indiana supreme court.

As added by P.L.161-1990, SEC.3.

IC 35-33.5-5Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses

35-33.5-5-1Disclosure in court; information to parties in advance 35-33.5-5-2Recording contents of authorized interception; sealing documents; disclosure; destruction of documents 35-33.5-5-3Disclosure by law enforcement officer; persons other than officer; privileged character of communication; offenses not specified in order 35-33.5-5-4Violations; cause of action; damages and costs; defenses; statute of limitations 35-33.5-5-5Nonapplicability to interceptions authorized under federal law; classification of offenses 35-33.5-5-6Immunity

IC 35-33.5-5-1Disclosure in court; information to parties in advance Sec. 1. The contents of an interception under this article or evidence derived from the interception may not be received into evidence or otherwise disclosed during a court proceeding unless each party, not less than fourteen (14) days before the proceeding, has been furnished with a copy of the application, warrant, and any orders for an extension under which the interception was authorized. The fourteen (14) day period may be waived by the court if the court finds that:

(1) it is not possible to furnish each party with the information at least fourteen (14) days before the proceeding; and

(2) a party will not be prejudiced by the delay in receiving the information.

As added by P.L.161-1990, SEC.3.

IC 35-33.5-5-2Recording contents of authorized interception; sealing documents; disclosure; destruction of documents Sec. 2. (a) The contents of an authorized interception under this article shall be recorded. Immediately upon the expiration of the warrant or extension, the court shall order that recordings be sealed. The court shall determine who is entitled to custody of the recordings. The court shall order that the recordings be kept for at least ten (10) years. The recordings may be destroyed after ten (10) years only upon an order of the court that issued the warrant.

(b) A warrant or an extension granted under this article, as well as the application for a warrant or extension, shall be sealed by the court to which the application is made. The court shall determine who is entitled to custody of the application and warrant or extension. An application and a warrant or an extension shall be disclosed only upon a showing of good cause before the issuing court. The court shall order that the application and warrant or extension may not be destroyed for at least ten (10) years after the date granted, and then only upon the order of the court that issued the warrant.

As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.13.

IC 35-33.5-5-3Disclosure by law enforcement officer; persons other than officer; privileged character of communication; offenses not specified in order Sec. 3. (a) A law enforcement officer who has obtained knowledge under this article of the contents of an interception or of evidence derived from that interception may:

(1) disclose the contents to another law enforcement officer; or

(2) use the contents of the interception;

only to the extent that use or disclosure of the contents of the interception is appropriate to the proper performance of the official duties of the law enforcement officer.

(b) If a recorded interception is transcribed by order of a court or by a law enforcement agency, only that part of the interception that is relevant to the prosecution of a designated offense may be transcribed.

(c) A person, other than a law enforcement officer, who has received, by a means authorized by this article, information concerning an interception or evidence derived from an interception under this article may disclose the contents of the interception or evidence derived from the interception only while giving testimony under oath or affirmation in a criminal court proceeding or grand jury proceeding. This subsection does not apply to a disclosure by a person of the contents of reports submitted under IC 35-33.5-2-4 and IC 35-33.5-2-5 or to the contents of an interception or evidence derived from an interception that is either:

(1) maintained in the record of a court proceeding and made accessible to the public; or

(2) previously disclosed in a court proceeding that is open to the public.

(d) An otherwise privileged communication that is intercepted in accordance with or in violation of this article does not lose the communication's privileged character.

(e) When a law enforcement officer, while engaged in intercepting communications in a manner authorized by this article, intercepts communications relating to offenses other than those specified in the order of authorization, the contents of those interceptions, and evidence derived from those interceptions, may be disclosed or used as provided in subsections (a) and (c). The contents and evidence may be used under subsection (d) when authorized by the court upon a finding, on subsequent application, that the contents were otherwise intercepted in accordance with this article. A subsequent application shall be made as soon as practicable.

As added by P.L.161-1990, SEC.3.

IC 35-33.5-5-4Violations; cause of action; damages and costs; defenses; statute of limitations Sec. 4. (a) A person whose communications are intercepted, disclosed, or used in violation of this article:

(1) has a civil cause of action against a person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use a communication in violation of this article; and

(2) is entitled to recover from that person the following:

(A) The greater of:

(i) actual damages;

(ii) liquidated damages computed at a rate of one hundred dollars ($100) each day for each day of violation; or

(iii) one thousand dollars ($1,000).

(B) Court costs (including fees).

(C) Punitive damages, when determined to be appropriate by the court.

(D) Reasonable attorney's fees.

(b) A good faith reliance on a warrant or an extension issued under this article constitutes a complete defense to a civil action brought under this section.

(c) A person described in IC 34-46-4-1 has an affirmative defense under this section if the person was unaware that the communication was intercepted in violation of this article and:

(1) has not intercepted the communication;

(2) has not procured another person to intercept or disclose the communication; and

(3) has used a communication for the purpose of assisting the person to independently confirm information contained in a communication.

(d) An action under this section must be brought within two (2) years after the date that the interception, disclosure, or use of a communication in violation of this article initially occurs whichever is later.

As added by P.L.161-1990, SEC.3. Amended by P.L.1-1998, SEC.194; P.L.106-2010, SEC.9.

IC 35-33.5-5-5Nonapplicability to interceptions authorized under federal law; classification of offenses Sec. 5. (a) This section does not apply to a person who makes an interception authorized under federal law.

(b) A person who knowingly or intentionally intercepts a communication in violation of this article commits unlawful interception, a Level 5 felony.

(c) A person who, by virtue of the person's employment or official capacity in the criminal justice system, knowingly or intentionally uses or discloses the contents of an interception in violation of this article commits unlawful use or disclosure of an interception, a Level 5 felony.

As added by P.L.161-1990, SEC.3. Amended by P.L.158-2013, SEC.388.

IC 35-33.5-5-6Immunity Sec. 6. The following persons are immune from civil and criminal liability for an act or omission that relates to the provision of information, facilities, or technical assistance in accordance with this article:

(1) A person who provides services that relate to the provision of electronic communication.

(2) An employee, an officer, an agent, or a contractor of a person described in subdivision (1).

(3) A landlord, a custodian, a property owner, or other person who provides assistance in the interception of an electronic communication.

As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007, SEC.14.

IC 35-34ARTICLE 34. BRINGING CRIMINAL CHARGES

Ch. 1.Indictment and Information Ch. 2.Grand Jury and Special Grand Jury

IC 35-34-1Chapter 1. Indictment and Information

35-34-1-1Commencement of prosecution; filing; sealing; violation 35-34-1-2Contents; requisites; form 35-34-1-2.4Verified or sworn documents; form of oath; administration; false affirmation or verification 35-34-1-2.5Prior convictions 35-34-1-3Illegible or lost indictment or information 35-34-1-4Motion to dismiss by defendant; grounds; requisites; disposition; effect of order 35-34-1-5Amendment of charge; procedures; limitations 35-34-1-6Defective indictment or information; dismissal; exceptions 35-34-1-7Grand jury proceedings; violation of IC 35-34-2; dismissal 35-34-1-8Motion to dismiss by defendant; requisites; affidavits; documentary evidence; hearing; disposition; procedures 35-34-1-9Joinder of offenses or defendants 35-34-1-10Motions; joinder of offenses; dismissal of offense joinable for trial or of related offenses; requisites; orders 35-34-1-11Severance of offenses or separate trial of defendants joined 35-34-1-12Motion for severance or separate trial; time; waiver or bar 35-34-1-13Motion to dismiss by prosecuting attorney 35-34-1-14Pleading special matters; sufficiency 35-34-1-15Incorrect name of defendant immaterial 35-34-1-16Perjury; requisites 35-34-1-17Forgery; misdescription of instrument destroyed or withheld by defendant immaterial 35-34-1-18Names of owners of property 35-34-1-19Rules of construction