13-3011. Disclosing confidential information relating to ex parte order; exceptions; classification

A. Except in any trial, hearing or other judicial proceeding, a person shall not knowingly disclose to another person any information concerning either:

1. The application for or the granting or denial of orders for the interception or installation of a pen register or trap and trace device or a request for the preservation of records or evidence pursuant to section 13-3016 or a subpoena issued pursuant to section 13-3018.

2. The identity of the person or persons whose communications are the subject of an ex parte order, subpoena or records preservation request granted pursuant to sections 13-3010, 13-3015, 13-3016, 13-3017 and 13-3018.

B. Subsection A of this section does not apply to the disclosure of information to the communication service provider whose facilities are involved or to an employee or other authorized agent of the county attorney, attorney general or law enforcement agency that applies for an order permitting interception or installation of a pen register or trap and trace device or who requests the preservation of records or evidence pursuant to section 13-3016 or a subpoena issued pursuant to section 13-3018.

C. Notwithstanding subsection A of this section, a peace officer or prosecuting attorney who obtains knowledge of the contents of a wire, electronic or oral communication as authorized by sections 13-3010, 13-3015, 13-3016, 13-3017 and 13-3018 or evidence derived from that knowledge may:

1. Disclose the contents of the communication to a peace officer or prosecuting attorney to the extent the disclosure is appropriate to the proper performance of the official duties of the peace officer or prosecuting attorney making or receiving the disclosure.

2. Use the contents of the communication to the extent that the use is appropriate to the proper performance of the official duties of the peace officer or prosecuting attorney.

D. A person who violates this section is guilty of a class 1 misdemeanor.