2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 11 - Offenses Against Public Order and Safety
Article 3 - Invasions of Privacy
Part 1 - Wiretapping, Eavesdropping, Surveillance, and Related Offenses
§ 16-11-60. Definitions

As used within this part, the term:

1. "Device" means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser, or similar beams. Without limiting the generality of the foregoing, the term "device" shall specifically include any camera, photographic equipment, video equipment, or other similar equipment or any electronic, mechanical, or other apparatus which can be used to intercept a wire, oral, or electronic communication other than:
   1. Any telephone or telegraph instrument, equipment, or facility or any component thereof:
      1. Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or
      2. Being used by a provider of wire or electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his or her duties; or
   2. A hearing aid or similar device being used to correct subnormal hearing to not better than normal;
   3. Focusing, lighting, or illuminating equipment, optical magnifying equipment; and
   4. A "pen register" or "trap and trace device" as defined in this Code section.
2. "Pen register" means a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted; provided, however, that such information shall not include the contents of any communication; but such term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course its business.
3. "Private place" means a place where there is a reasonable expectation of privacy.
4. "Trap and trace device" means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication; provided, however, that such information shall not include the contents of any communication.

(Ga. L. 1967, p. 844, § 1; Code 1933, § 26-3009, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1995, p. 1051, § 2; Ga. L. 2000, p. 875, § 1; Ga. L. 2002, p. 1432, § 2; Ga. L. 2015, p. 1046, § 1/SB 94.)

- Ga. L. 2000, p. 875, § 3, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2000, and shall apply with respect to offenses committed on or after that effective date. This Act shall not affect or abate the status as a crime of any offense committed prior to that effective date, nor shall the prosecution of such crime be abated as a result of this Act."

Ga. L. 2002, p. 1432, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as 'Georgia's Support of the War on Terrorism Act of 2002'."

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 79 (2015). For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016). For note on 2000 amendment of this Code section, see 17 Ga. St. U.L. Rev. 102 (2000). For note, "Location, Location, Location: A 'Private' Place and Other Ailments of Georgia Surveillance Law Curable Through Alignment with the Federal System," 46 Ga. L. Rev. 1089 (2012).

Word "intercepting" is to be interpreted as "aural acquisition," consistent with the definition in 18 U.S.C. § 2510(4). Evans v. State, 252 Ga. 312, 314 S.E.2d 421, cert. denied, 469 U.S. 826, 105 S. Ct. 106, 83 L. Ed. 2d 50 (1984).

Word "transmitting" was included to cover such instruments and apparatus as miniature transmitters and microphones used to overhear private conversations other than those conducted by telephone. Evans v. State, 252 Ga. 312, 314 S.E.2d 421, cert. denied, 469 U.S. 826, 105 S. Ct. 106, 83 L. Ed. 2d 50 (1984).

Pen register is a "device" whose use requires a warrant under state law. Ellis v. State, 256 Ga. 751, 353 S.E.2d 19 (1987); Duncan v. State, 259 Ga. 278, 379 S.E.2d 507 (1989).

- An inductor coil which is placed in the junction box servicing each phone to be tapped is not a device used to overhear, record, or intercept defendant's conversation within the meaning of O.C.G.A. §§ 16-11-60 and16-11-64. Evans v. State, 252 Ga. 312, 314 S.E.2d 421, cert. denied, 469 U.S. 826, 105 S. Ct. 106, 83 L. Ed. 2d 50 (1984).

- Subjective belief, without more, does not constitute reasonable expectation of privacy necessary to invoke protection of this chapter. Meyer v. State, 150 Ga. App. 613, 258 S.E.2d 217 (1979).

A 16-year-old girl had a reasonable expectation of privacy in her bedroom, even from her father. Snider v. State, 238 Ga. App. 55, 516 S.E.2d 569 (1999).

Police station is not a "private place" within the meaning of O.C.G.A. § 16-11-60. Thompson v. State, 191 Ga. App. 906, 383 S.E.2d 339, cert. denied, 191 Ga. App. 923, 383 S.E.2d 339 (1989).

Cited in Satterfield v. State, 127 Ga. App. 528, 194 S.E.2d 295 (1972); State v. Birge, 240 Ga. 501, 241 S.E.2d 213 (1978); Green v. State, 250 Ga. 610, 299 S.E.2d 544 (1983); Quintrell v. State, 231 Ga. App. 268, 499 S.E.2d 117 (1998); Gavin v. State, 292 Ga. App. 402, 664 S.E.2d 797 (2008).

RESEARCH REFERENCES

ALR.

- Observation through binoculars as constituting unreasonable search, 48 A.L.R.3d 1178, 59 A.L.R.5th 615.

Construction and application of 18 USCS § 2511(1)(a) and (b), providing criminal penalty for intercepting, endeavoring to intercept, or procuring another to intercept wire, oral, or electronic communication, 122 A.L.R. Fed. 597.

What constitutes "device which is primarily useful for the surreptitious interception of wire, oral, or electronic communication," under 18 USCS § 2512(1)(B), prohibiting manufacture, possession, assembly, sale of such device, 129 A.L.R. Fed. 549.

Applicability, in civil action, of provisions of Omnibus Crime Control and Safe Streets Act of 1968, prohibiting interception of communications (18 USCS § 2511 (1)), to interception by spouse, or spouse's agent, of conversations of other spouse, 139 A.L.R. Fed 517.

Construction and application of provision of Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C.A. § 2520) authorizing civil cause of action by person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of Act, 164 A.L.R. Fed. 139.