(a) A person does not commit a crime under this article if:

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Terms Used In Alabama Code 13A-11-36

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
(1) He was a peace officer engaged in the lawful performance of his duties; or
(2) He was an officer, employee or agent of a communication common carrier who, while acting in the normal course of his employment, and while engaged in any activity which was a necessary incident to the rendition of his service or to the protection of the rights or property of the carrier of such communication, intercepted, disclosed or used a communication transmitted through the facilities of that carrier; or
(3) He relies in good faith on a lawful court order or legislative authorization.
(b) The burden of injecting the issue under subsection (a) is on the defendant, but this does not shift the burden of proof.
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