2014 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
803. Arrests, Search Warrants
803-43 Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture.

Note

Heading reenacted by L 2006, c 200, pt of §4.

Law Journals and Reviews

Hawaii's New Wiretap Law. 14 HBJ, no. 3, at 83 (1978).

The Lum Court and the First Amendment. 14 UH L. Rev. 395 (1992).

Case Notes

Warrantless recordation by party to conversation did not violate this part. 64 H. 659, 649 P.2d 346 (1982).

Provisions of this part and article I, §7 of state constitution not relevant to question of legality of electronic eavesdropping activities conducted in California. 83 H. 187, 925 P.2d 357 (1996).

§803-43 Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture. Any person, other than a provider of wire or electronic communication service and its duly authorized officers, employees, and agents, or any person acting under color of law, who, in this State, intentionally manufactures, assembles, possesses, or distributes, or who attempts to distribute, any electronic, mechanical, or other device, knowing or having reason to know that the device or the design of the device renders it primarily useful for the purpose of surreptitious interception of wire, oral, or electronic communications, or who intentionally places an advertisement of any such device or promotes the use of any such device in any newspaper, magazine, handbill, or other publication, shall be guilty of a class C felony. Any such electronic, mechanical, or other device in violation of this section shall be subject to seizure and forfeiture under chapter 712A. [L 1978, c 218, pt of §2; am L 1986, c 303, §3; am L 1989, c 164, §5; am L 2006, c 200, pt of §4]