Sec. 7. (a) A person who knowingly or intentionally: (1) possesses a police radio; (2) transmits over a frequency assigned for police emergency purposes; or (3) possesses or uses a police radio or a police radio mobile application: (A) while committing a crime; (B) to further the commission of a crime; or (C) to avoid detection by a law enforcement agency; commits unlawful use of a police radio, a Class B misdemeanor. (b) Subsection (a)(1) and (a)(2) do not apply to: (1) a governmental entity; (2) a regularly employed law enforcement officer; (3) a common carrier of persons for hire whose vehicles are used in emergency service; (4) a public service or utility company whose vehicles are used in emergency service; (5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio; (6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes; (7) a person who uses a police radio only in the person's dwelling or place of business; (8) a person: (A) who is regularly engaged in newsgathering activities; (B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1 , a wire service, or a licensed commercial or public radio or television station; and (C) whose name is furnished by the person's employer to the chief executive officer of a law enforcement agency in the county in which the employer's principal office is located; (9) a person engaged in the business of manufacturing or selling police radios; or (10) a person who possesses or uses a police radio during the normal course of the person's lawful business. (c) As used in this section, "police radio" means a radio that is capable of sending or receiving signals transmitted on frequencies assigned by the Federal Communications Commission for police emergency purposes and that: (1) can be installed, maintained, or operated in a vehicle; or (2) can be operated while it is being carried by an individual. The term does not include a radio designed for use only in a dwelling. (d) As used in this section, "police radio mobile application" means an application installed on a mobile device that allows a person to listen to the contents of traffic carried on police radio frequencies.
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