MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representatives Robinson (84th), Cameron, Chaney, Davis, Denny, Eaton, Ellington, Formby, Howell, Hudson, Janus, King, Manning, Martinson, McElwain, Moore, Read, Roberson, Rotenberry, Smith (35th), Smith (39th), Warren, Miles

AN ACT TO AMEND SECTION 97-25-49, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE WRONGFUL ACCESS TO TELECOMMUNICATIONS MESSAGES BY PERSONS OTHER THAN THE INTENDED RECIPIENT OF SUCH MESSAGES; TO PROVIDE FOR THE INADMISSIBILITY OF INFORMATION OBTAINED IN VIOLATION OF THIS SECTION; TO REVISE PENALTIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-25-49, Mississippi Code of 1972, is amended as follows:

97-25-49. (1) A person who commits either of the following offenses shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not exceeding six (6) months, or both:

(a) Wrongfully obtaining, or attempting to obtain, any knowledge of a private telecommunications message by gaining access to the origination, transmission, emission or reception of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, radio, electromagnetic, photoelectronic or photo-optical systems, when such person is not the lawfully intended recipient of the message or is not authorized to have access to such message, or by connivance with a clerk, operator, messenger or other employee of a telecommunications company; or

(b) Being such clerk, operator, messenger or other employee, using, or suffering to be used, or wilfully divulging to any one but the person for whom it was intended, the contents of a telecommunications message or dispatch intrusted to him for transmission or delivery, or the nature thereof, or wilfully failing, neglecting or refusing duly to transmit or deliver the same.

(2) Any information obtained in violation of this section shall not be admissible in any civil proceeding unless the information was obtained by the lawful owner of the device that obtained the information.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.