New Hampshire Revised Statutes 570-A:3 – Manufacture, Distribution, Possession, and Advertising of Telecommunication or Oral Communication Intercepting Devices Prohibited
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I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter, he:
(a) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of telecommunications or oral communications; or
For details, see N.H. Rev. Stat. 651:2
(b) Places in any newspaper, magazine, handbill, or other publication any advertisement of:
(1) Any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of telecommunications or oral communications, or
(2) Any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of the surreptitious interception of telecommunications or oral communications.
II. It shall not be unlawful under this section for:
(a) A communications common carrier or an officer, agent, or employee of, or a person under contract with, a communications common carrier, in the normal course of the communications common carrier’s business, or
(b) An officer, agent, or employee of, or a person under contract with, the state, or a political subdivision thereof, in the normal course of the activities of the state, or a political subdivision thereof, to manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of telecommunications or oral communications.
(a) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of telecommunications or oral communications; or
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 570-A:3
- Communications common carrier: means a person engaged in providing communications services to the general public through transmission of any form of information between subscribers by means of wire, cable, radio or electromagnetic transmission, optical or fiber-optic transmission, or other means which transfers information without physical transfer of medium, whether by switched or dedicated facilities. See New Hampshire Revised Statutes 570-A:1
- Contract: A legal written agreement that becomes binding when signed.
- Person: means any employee or agent of the state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See New Hampshire Revised Statutes 570-A:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Places in any newspaper, magazine, handbill, or other publication any advertisement of:
(1) Any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of telecommunications or oral communications, or
(2) Any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of the surreptitious interception of telecommunications or oral communications.
II. It shall not be unlawful under this section for:
(a) A communications common carrier or an officer, agent, or employee of, or a person under contract with, a communications common carrier, in the normal course of the communications common carrier’s business, or
(b) An officer, agent, or employee of, or a person under contract with, the state, or a political subdivision thereof, in the normal course of the activities of the state, or a political subdivision thereof, to manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of telecommunications or oral communications.