(1) (a) A person who knowingly affiliates with a public safety radio network without authorization from the network's authorizing entity commits unlawful affiliation with a public safety radio network. (b) Unlawful affiliation with a public safety radio network is a class 2 misdemeanor. (2) As used in this section, unless the context otherwise requires: (a) "Affiliate" means transmitting or receiving a signal on a radio network, including through the use of cloning equipment. "Affiliate" does not include listening to radio network communications by use of a passive listening device, including a scanner, that does not transmit a signal to the public safety radio network. (b) "Authorizing entity" means a state or local department, agency, or other entity that can authorize affiliation with a public safety radio network. (c) "Cloning equipment" means any instrument, apparatus, equipment, computer hardware, computer software, operating procedure or code, or device, whether used separately or in combination, that is designed or adapted and is used, is intended to be used, or is capable of being used to transmit or receive signals on a public safety radio network without authorization from an authorizing entity. (d) "Public safety agency" has the same meaning as set forth in section 24-32-3501. (e) "Public safety radio network" means a public safety communication system that facilitates communication between public safety agencies and that is operated by the department of public safety or a local government. "Public safety radio network" includes a radio frequency, radio channel, or radio talk-group that is used by a public safety agency.
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