2006 Code of Virginia § 19.2-63 - Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exception...

19.2-63. Manufacture, possession, sale or advertising of certain devicesunlawful; penalties; exceptions.

A. Except as otherwise specifically provided in this chapter, any person whointentionally:

1. Manufactures, assembles, possesses, or sells any electronic, mechanical,or other device, knowing or having reason to know that the design of suchdevice renders it primarily useful for the purpose of the surreptitiousinterception of wire, electronic or oral communications; or

2. Places in any newspaper, magazine, handbill, or other publication anyadvertisement of:

(a) Any electronic, mechanical, or other device knowing or having reason toknow that the design of such device renders it primarily useful for thepurpose of the surreptitious interception of wire, electronic or oralcommunications, or

(b) Any other electronic, mechanical, or other device where suchadvertisement promotes the use of such device for the purpose of thesurreptitious interception of wire, electronic or oral communications; shallbe guilty of a Class 6 felony.

B. It shall not be unlawful under this section for:

1. A provider of wire or electronic communication service or an officer,agent, or employee of, or a person under contract with, such provider in thenormal course of the provider's business, or

2. An officer, agent, or employee of, or a person under contract with theUnited States, the Commonwealth or a political subdivision thereof, in thenormal course of the activities of the United States, the Commonwealth, or apolitical subdivision thereof, to manufacture, assemble, possess, or sell anyelectronic, mechanical, or other device knowing or having reason to know thatthe design of such device renders it primarily useful for the purpose of thesurreptitious interception of wire, electronic or oral communications.

(Code 1950, 19.1-89.3; 1973, c. 442; 1975, c. 495; 1988, c. 889.)