2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications
Section 23A-35A-1 - Definition of terms.

23A-35A-1. Definition of terms.

Terms used in this chapter mean:

(1)"Aggrieved person," a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed;

(2)"Attorney general," the attorney general of the State of South Dakota;

(3)"Chapter 119 of the United States Code," Chapter 119 of Part I of Title 18, United States Code, being Public Law 90-351, the Omnibus Crime Control and Safe Streets Act of 1968;

(4)"Communications common carrier," the meaning given to the term, common carrier, by section 153 of Title 47 of the United States Code;

(5)"Contents," with respect to any wire, electronic, or oral communication, any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication;

(6)"Eavesdropping device," any electronic, mechanical, or other apparatus which is intentionally used to intercept a wire, electronic, or oral communication other than:

(a)Any telephone, telegraph instrument, or electronic communication device, equipment, or facility, or any component thereof, (i) furnished to the subscriber or user by a communications common carrier in the ordinary course of business and being used by the subscriber or user in the ordinary course of business; or (ii) being used by a communications common carrier in the ordinary course of business, or by an investigative or law enforcement officer in the ordinary course of duty; or

(b)A hearing aid or similar device being used to correct subnormal hearing to not better than normal;

(7)"Intercept," the aural acquisition of the contents of any wire, electronic, or oral communication through the use of any eavesdropping device;

(8)"Investigative or law enforcement officer," any officer of the State of South Dakota or any political subdivision of this state who is empowered by the laws of this state to conduct investigations of or to make arrests for offenses designated and enumerated in this chapter, any law enforcement officer of the United States and any attorney authorized by the laws of this state to prosecute or participate in the prosecution of offenses designated and enumerated in this chapter;

(9)"Judge," or "judge of competent jurisdiction," the judge of any circuit court of the State of South Dakota;

(10)"Oral communication," any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation;

(11)"Pen register," a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the communication system that the device is attached. The term does not include any device used by a provider or customer of a wire communication service for billing, or recording as an incident to billing, for communications services provided by the provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of business;

(12)"Person," any employee, or agent of the United States or any state or political subdivision thereof, and any individual, partnership, limited liability company, association, joint stock company, trust, or corporation;

(13)"State's attorney," the state's attorney of any county of the State of South Dakota;

(14)"Trap and trace device," a device that captures incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted;

(15)"Wire communication," any communication made through the use of facilities for the transmission of communications by the aid of wire, cable, radio, or other connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating the facilities for the transmission of interstate or foreign communications;

(16)"Electronic communication," any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted by a wire, radio, electromagnetic, electronic, or optical system.

Source: SL 1969, ch 158, §1; SDCL Supp, §23-13A-1; SL 1983, ch 187, §1; SL 1988, ch 194, §1; SL 1994, ch 351, §44; SL 2006, ch 136, §2; SL 2017, ch 108, §1.