Tenn. Code Ann. § 39-13-604
39-13-604. Interception of cellular or cordless telephone transmissions
(a)
As used in this section, unless the context otherwise requires:
(1)
"Cellular radio telephone" means a wireless telephone authorized by the federal communications
commission to operate in the frequency bandwidth reserved for cellular radio telephones;
(2)
"Communication" includes, but is not limited to, communications transmitted by voice, data, or image,
including facsimile;
(3)
"Cordless telephone" means a two-way, low power communication system consisting of two (2) parts, a
"base" unit which connects to the public switched telephone network and a handset or "remote" unit, that are
connected by a radio link and authorized by the federal communications commission to operate in the frequency
bandwidths reserved for cordless telephones;
(4)
"Disseminating," as used in this section and § 39-13-605, means the playing or duplicating of the
recording in a manner other than authorized in this part; and
(5)
"Party" means only those individuals who participate in a conversation and whose presence as
participants is known to all other participants.
(b)
(1)
A person commits an offense who, without the consent of at least one (1) party to a communication,
intentionally records or disseminates a communication transmitted between two (2) cellular radio telephones, a
cellular radio telephone and a landline telephone, or a cordless telephone and a cellular radio telephone.
(2)
A person commits an offense who intentionally disseminates a communication transmitted between two (2)
cordless telephones or a cordless telephone and a landline telephone if such dissemination is not authorized
by a court order.
(c)
(1)
A violation of subsection (b) is a Class A misdemeanor.
(2)
A violation of subsection (b) is a Class E felony if the defendant knowingly publishes, distributes or
otherwise disseminates to another the intercepted or recorded communication.
(d)
This section does not apply to the following:
(1)
Any public utility or wireless communications provider engaged in the business of providing
communications services and facilities, or to the officers, employees, or agents thereof, where the acts
otherwise prohibited are for the purpose of construction, maintenance, conduct, technological research, or
operation of the services and facilities of the public utility;
(2)
The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs
of the public utility;
(3)
Any telephonic communication system used for communication exclusively within a state, county or
municipal correctional facility.
(e)
The judge of a court of record having domestic relations jurisdiction may authorize any individual to
intercept, record, disseminate and use communications that would otherwise be prohibited by this section and
§ 39-13-605 upon an ex parte showing by such investigator that there is probable cause to believe that the
health, safety and welfare of a minor are in jeopardy.
(f)
(1)
A law enforcement officer or other person with judicial purview while in the course of such person's
employment may record a protected communication where preservation and retention of such recorded
communication are pertinent to a criminal investigation; provided, such officer follows the procedure set out
in this subsection (f).
(2)
When an officer or other authorized person records a protected communication, such officer or other
authorized person shall label each such recording with the following information:
(A)
The name of the officer or other authorized person making the recording; and
(B)
The date and time the recording is made.
(3)
Within forty-eight (48) hours of a law enforcement officer or other authorized person recording a
protected communication, such officer or other authorized person shall apply to a judge authorized to issue a
search warrant for an order authorizing continued recording and preservation and retention of the recordings
already made. No dissemination or duplication of such recording shall be made prior to the receipt of such
court order.
(4)
The officer or other authorized person shall certify to the judge in a written application under oath
that the recording is pertinent to a criminal investigation, the nature of the offense under investigation,
and the address, if known, of the location of the cordless or cellular telephone communication intercepted.
(5)
If the judge finds that the information contained in the officer's or other authorized person's
written application complies with the provisions of subdivision (g)(4), such judge shall issue a court order
authorizing the preservation, retention or continued recording of protected communications. Such order shall
include the date and time of the recording, the nature of the crime under investigation, and the address, if
known, of the location of the cordless or cellular telephone intercepted. An application and order under this
section shall be sealed unless otherwise ordered by the court. Custody of the sealed application and order
shall be wherever the judge directs.
(6)
If no application for an order is made authorizing the preservation and retention of recorded
protected communications within the forty-eight hour period or if the officer or other authorized person does
not comply with the provisions of subdivision (g)(4), the recording shall be destroyed.
(7)
No recording of a protected communication, or any information contained therein, may be used as
evidence unless such recording was obtained in accordance with the provisions of this section; provided, that
nothing in this section shall be construed to preclude the introduction of evidence derived independently from
sources other than the recording.
(g)
A judge vested with the authority to issue an order permitting recordation of cellular or cordless
telephone conversations as provided in this section may permit other individuals to record and disseminate
recordings of such protected communications upon a sworn petition by a licensed cordless or cellular telephone
agency or other private individual showing probable cause that a felony has been or is about to be committed.
The court issuing the order shall determine in the order the length of time that recording shall be permitted
and shall likewise order the final disposition of all recordings taken in this section.
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