968.31 Interception and disclosure of wire, electronic or oral communications prohibited.

402 words·~2 min read·/wi/chapter-968/968-31

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30 , whoever commits any of the acts enumerated in this section is guilty of a Class H felony:

(a)Intentionally intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept, any wire, electronic or oral communication.

(b)Intentionally uses, attempts to use or procures any other person to use or attempt to use any electronic, mechanical or other device to intercept any oral communication.

(c)Discloses, or attempts 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 section or under circumstances constituting violation of this section.

(d)Uses, or attempts 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 section or under circumstances constituting violation of this section.

(e)Intentionally discloses the contents of any oral, electronic or wire communication obtained by authority of ss. 968.28 , 968.29 and 968.30 , except as therein provided.

(f)Intentionally alters any wire, electronic or oral communication intercepted on tape, wire or other device.

(2)It is not unlawful under ss. 968.28 to 968.37 :

(a)For an operator of a switchboard, or an officer, employee or agent of any provider of a 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 or her employment while engaged in any activity which is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the provider of that service, except that a provider of a wire or electronic communication service shall not utilize service observing or random monitoring except for mechanical or service quality control checks.

(b)For a person acting under color of law to intercept a wire, electronic or oral communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to the interception.