West Virginia Code § 62-1D-4

Manufacture, possession or sale of intercepting device
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(a) Except as otherwise specifically provided in this article, any person who manufactures,
assembles, possesses or sells any electronic, mechanical or other device, knowing or having
reason to know that the design of the device renders it primarily useful for the purpose of
the illegal interception of wire, oral or electronic communications is guilty of a
misdemeanor, and, upon conviction thereof, shall be imprisoned in the counety jail for not
more than one year or fined not more than $5,000 or both so fined and imprisoned.
(b) It is lawful under this section for:
(1) A provider of wire or electronic communication services or an officer, agent, or employee
of, or a person under contract with, any such provider, in the normal course of business of
the provider to manufacture, assemble, possess or sell any electronic, mechanical or other
device which is designed for or which is primarily useful for the purpose of the illegal
interception of wire, oral or electronic communications;
(2) A person under contract with the United Sstates, a state, a political subdivision of a state,
or the District of Columbia, in the normal course of the activities of the United States, a
state, a political subdivision thereof, or thei District of Columbia, to manufacture, assemble,
possess or sell any electronic, mechganical or other device which is designed for or which is
primarily useful for the purpose of the illegal interception of wire, oral or electronic
communications;
(3) An officer, agent or employee of the United States in the normal course of his or her
lawful activities to manufacture, assemble, possess or sell any electronic, mechanical or
other device which is designed for or which is primarily useful for the purpose of the illegal
interception of wire, oral or electronic communications. However, any sale made under the
authority of this subdivision may only be for the purpose of lawfully disposing of obsolete or
surplus devices;
(4) An officer, agent or employee of a law-enforcement agency of this state or a political
subdivision of this state in the normal course of his or her lawful activities to assemble or
possess any electronic, mechanical or other device which is designed for or which is
primarily useful for the purpose of the illegal interception of wire, oral or electronic
communications, if the particular officer, agent or employee is specifically authorized by the
chief administrator of the law-enforcement agency to assemble or possess the device for a
particular law-enforcement purpose and the device is registered in accordance with this
article.

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