West Virginia Code § 62-1D-3

Interception of communications generally
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(a) Except as otherwise specifically provided in this article it is unlawful for any person to:
(1) Intentionally intercept, attempt to intercept or procure any other person to intercept or
attempt to intercept, any wire, oral or electronic communication; or
(2) Intentionally disclose or intentionally attempt to disclose to any other person the
contents of any wire, oral or electronic communication, knowing or having reason to know
that the information was obtained through the interception of a wire, oral or electronic
communication in violation of this article; and u
(3) Intentionally use or disclose or intentionally attempt to use or disclose the contents of
any wire, oral or electronic communication or the identity of any party thereto, knowing or
having reason to know that such information was obtaained through the interception of a
wire, oral or electronic communication in violation of this article.
(b) Any person who violates subsection (a) of this section is guilty of a felony and, upon
conviction thereof, shall be imprisoned in the penitentiary for not more than five years or
fined not more than $10,000 or both fined iand imprisoned.
(c) It is lawful under this article for an operator of a switchboard or an officer, employee, or
provider of any wire or electronic communication service whose facilities are used in the
transmission of a wire communication to intercept, disclose or use that communication or
the identity of any party to that communication in the normal course of his or her
employment while engaged in any activity which is a necessary incident to the rendition of
his or her service or to the protection of the rights or property of the carrier of the
communication. Prov iders of wire or electronic communication services may not utilize
service observVing or random monitoring except for mechanical or service quality control
checks.
(d) Notwithstanding any other law, any provider of wire or electronic communications
services, or the directors, officers, employees, agents, landlords or custodians of any such
provider, are authorized to provide information, facilities or technical assistance to persons
authorized by this article to intercept wire, oral or electronic communication if such provider
or its directors, officers, employees, agents, landlords or custodians has been provided with
a duly certified copy of a court order directing such assistance and setting forth the period of
time during which the provision of the information, facilities, or technical assistance is
authorized and specifying the information, facilities or assistance required. No cause of
action shall lie in any court against any such provider of wire or electronic communication
services, its directors, officers, agents, landlords or custodians for providing information
facilities or assistance in accordance with the terms of any such order.
(e) It is lawful under this article for a person to intercept a wire, oral or electronic
communication where the person is a party to the communication or where one of the
parties to the communication has given prior consent to the interception unless the
communication is intercepted for the purpose of committing any criminal or tortious act in
violation of the constitution or laws of the United States or the constitution or laws of this
state:
(f) Notwithstanding the provisions of this article or any other provision of law, an electronic
interception as defined by section one, article one-f of this chapter, is regulaeted solely by the
provisions of article one-f of this chapter, and no penalties or other requirements of this
article are applicable. r

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