§ 23.543

Possession, sale, distribution, manufacture, assembly, and advertising of wire or oral communication intercepting devices prohibited. (a) Except as otherwise specifically provided in subsection (b) of this section, any person who in the District of Columbia — (1) willfully possesses, sells, distributes, manufactures, or assembles an intercepting device, the design of which renders it primarily useful for the purpose of the surreptitious interception of a wire or oral communication; or (2) willfully places in any newspaper, magazine, handbill, or other publication any advertisement of — (A) any intercepting device, the design of which renders it primarily useful for the purpose of the surreptitious interception of a wire or oral communication; or (B) any intercepting device where such advertisement promotes the use of such device for the purpose of the surreptitious interception of a wire or oral communication; shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than five years, or both. (b) It shall not be unlawful under this section for — (1) a communication common carrier or an officer, agent, or employee of, or a person under

1.01] or imprisoned not more than five years, or both. (b) It shall not be unlawful under this section for — (1) a communication common carrier or an officer, agent, or employee of, or a person under contract with a communication common carrier, in the usual course of the communication common carrier’s business; or (2) a person under contract with the Government of the United States, a State or a political subdivision thereof, or the District of Columbia, or an officer, agent, or employee of the Government of the United States, a State or a political subdivision thereof, or the District of Columbia; to possess, sell, distribute, manufacture or assemble, or advertise any intercepting device, while acting in furtherance of the appropriate activities of the United States, a State or political subdivision thereof, the District of Columbia, or a communication common carrier. (July 29, 1970, 84 Stat. 618, Pub. L. 91-358, title II, § 210(a); June 11, 2013, D.C. Law 19-317, § 283(b), 60 DCR 2064.) Prior Codifications 1981 Ed., § 23-543. 1973 Ed., § 23-543. Section References This section is referenced in § 23-544 and § 23-556. Effect of Amendments The 2013 amendment by D.C.

3(b), 60 DCR 2064.) Prior Codifications 1981 Ed., § 23-543. 1973 Ed., § 23-543. Section References This section is referenced in § 23-544 and § 23-556. Effect of Amendments The 2013 amendment by D.C. Law 19-317 substituted 'not more than the amount set forth in [§ 22-3571.01]' for 'not more than $10,000' in (a). Emergency Legislation For temporary (90 days) amendment of this section, see § 283(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Editor's Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.