86-296. Electronic devices; prohibited acts; penalty.

(1) Except as otherwise specifically provided in sections 86-271 to 86-295 and this section, any person who intentionally:

(a) Sends in intrastate commerce any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, electronic, or oral communications, is guilty of a Class IV felony; or

(b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, electronic, or oral communications and that such device or any component thereof has been or will be transported in intrastate commerce, is guilty of a Class IV felony.

(2) This section shall not be construed to prohibit the exchange of electronic, mechanical, or other devices between law enforcement officers or federally funded law enforcement associations.

(3) It is unlawful for a provider or an officer, agent, or employee of or a person under contract with a provider, in the normal course of the business of providing electronic communication service, to send or carry in intrastate commerce, manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, oral, or electronic communications. Any person who violates this subsection is guilty of a Class IV felony.

(4) It is lawful for an officer, agent, or employee of or a person under contract with the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof, to send or carry in intrastate commerce, manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the unlawful surreptitious interception of wire, electronic, or oral communications.

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