SEA 53 - SF0062

ORIGINAL SENATE ENGROSSED

FILE NO. 0062

ENROLLED ACT NO. 53, SENATE

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to crimes and law enforcement; prohibiting
the interception of communications and acts related to the
interception of communications; authorizing communication
interception by law enforcement and others under specified
conditions; authorizing pen registers and trap and trace
devices in specified conditions; requiring assistance in
authorized pen registers, trap and trace devices and
communications interceptions as specified; providing
criminal penalties; authorizing civil actions; repealing
previously enacted statutes relating to communication
interception; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 7-3-701 through 7-3-712 and 7-3-801
through 7-3-806 are created to read:

ARTICLE 7

COMMUNICATION INTERCEPTION

7-3-701. Definitions.

(a) As used in this act:

(i) "Aggrieved person" means any person who was
a party to any oral, wire or electronic communication
intercept as defined in this act, or a person against whom
the interception was directed;

(ii) "Aural transfer" means a transfer
containing the human voice at any point between and
including the point of origin and the point of reception;

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(iii) "Communication common carrier" shall have
the same meaning which is given the term "common carrier"
by 47 U.S.C. § 153(h);

(iv) "Contents" when used with respect to any
oral, wire or electronic communication includes any
information concerning the meaning, substance or purport of
the communication;

(v) "Electronic communication" means any
transfer of signs, signals, writing, images, sounds, data
or intelligence of any nature transmitted in whole or in
part by a wire, radio, electromagnetic, photoelectronic or
photooptical system that affects interstate or foreign
commerce but does not include:

(A) Any wire or oral communication;

(B) Any communication made through a
tone-only paging device;

(D) Electronic funds transfer information
stored by a financial institution in a communications
system used for the electronic storage and transfer of
funds.

(vi) "Electronic communication service" means
any service which provides to users thereof the ability to
send or receive wire or electronic communications;

(vii) "Electronic communications system" means
any wire, radio, electromagnetic, photooptical or
photoelectronic facilities for the transmission of

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electronic communications, and any computer facilities or
related electronic equipment for the electronic storage of
those communications;

(viii) "Electronic, mechanical or other device"
means any device or apparatus which can be used to
intercept a wire, oral or electronic communication, other
than:

(A) Any telephone or telegraph instrument,
equipment or facility or component thereof, used in the
ordinary course of business or by a peace officer in the
ordinary course of his duties; or

(B) A hearing aid or similar device being
used to correct subnormal hearing to not better than
normal.

(ix) "Intercept" means the aural or other
acquisition of the contents of any oral, wire or electronic
communication by use of an electronic, mechanical or other
device;

(x) "Judge of competent jurisdiction" means a
judge of a district court;

(xi) "Oral communication" means any oral
communication uttered by a person who reasonably expects
and circumstances justify the expectation that the
communication is not subject to interception but does not
include any electronic communication;

(xii) "Peace officer" means any peace officer
included in W.S. 7-2-101(a)(iv)(A), (B) or (D), other than
members of a college or university police force, and

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includes any law enforcement officer with federal criminal
enforcement jurisdiction;

(xiii) "Provider of wire or electronic
communication service" means any person who provides a
service which consists of communications by wire, radio,
electronic, laser or other transmission of energy;

(xiv) "Readily accessible to the general public"
means, with respect to a radio communication, that the
communication is not:

(A) Scrambled or encrypted;

(B) Transmitted using modulation techniques
whose essential parameters have been withheld from the
public with the intention of preserving the privacy of the
communication;

(D) Transmitted over a communication system
provided by a common carrier, unless the communication is a
tone only paging system communication; or

(E) Transmitted on frequencies allocated
under part 25, subpart D, E, or F of part 74, or part 94 of
the rules of the federal communications commission, unless,
in the case of a communication transmitted on a frequency
allocated under part 74 that is not exclusively allocated
to broadcast auxiliary services, the communication is a
two-way voice communication by radio.

(xv) "User" means any person or entity who:

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(A) Uses an electronic communication
service; and

(B) Is duly authorized by the provider of
the service to engage in the use.

(xvi) "Wire communication" means any aural
transfer made in whole or in part through the use of
facilities for the transmission of communications by the
aid of wire, cable or other like connection, including the
use of such connection in a switching station, between the
point of origin and the point of reception, furnished or
operated by any person engaged in providing or operating
such facilities for the transmission of intrastate,
interstate or foreign communications, and includes any
electronic storage of such communication;

(xvii) "This act" means W.S. 7-3-701 through
7-3-712.

7-3-702. Prohibition against interception or
disclosure of wire, oral or electronic communications;
exceptions; penalties.

(a) Except as provided in subsection (b) of this
section, no person shall intentionally:

(i) Intercept, attempt to intercept, or procure
any other person to intercept or attempt to intercept any
wire, oral or electronic communication;

(ii) Use, attempt to use, or procure any other
person to use or attempt to use any electronic, mechanical
or other device to intercept any oral communication when:

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(A) Such device is affixed to, or otherwise
transmits a signal through, a wire, cable or other like
connection used in wire communication; or

(B) Such device transmits communications by
radio or interferes with the transmission of such
communication.

(iii) Disclose or attempt to disclose to another
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
section;

(iv) Use or attempt to use 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 section;

(v) Disclose, or attempt to disclose, to any
other person the contents of any wire, oral or electronic
communication, intercepted by means authorized by this act:

(A) Knowing or having reason to know that
the information was obtained through the interception of
such a communication in connection with a criminal
investigation;

(B) Having obtained or received the
information in connection with a criminal investigation;
and

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(b) Nothing in subsection (a) of this section
prohibits:

(i) An operator of a switchboard, or an officer,
employee or agent of a wire or electronic communication
service whose facilities are used in the transmission of a
wire communication from intercepting, disclosing or using a
wire or electronic communication intercepted in the normal
course of that person's employment while engaged in any
activity which is a necessary incident to the rendition of
his service or to the protection of the rights or property
of the provider of that service, except that a provider of
wire communication service to the public shall not utilize
service observing or random monitoring except for
mechanical or service quality control checks;

(ii) An officer, employee or agent of any
provider of wire or electronic communications service,
landlords, custodians or other persons from providing
information, facilities or technical assistance to a peace
officer who is authorized pursuant to this act to intercept
a wire, oral or electronic communication if any such person
has been provided with a court order directing such
assistance. No provider of wire or electronic communication
service, officer, employee or agent thereof, or landlord,
custodian or other specified person shall disclose the
existence of any interception or surveillance or the device
used to accomplish the interception or surveillance with
respect to which the person has been furnished a court
order under this act, except as may otherwise be required
by legal process and then only after prior notification to
the attorney general. Any such disclosure, shall render

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such person liable for the civil damages provided for in
W.S. 7-3-710. No criminal or civil cause of action shall
lie in any court against any provider of wire or electronic
communication service, its officers, employees or agents,
landlord, custodian or other specified person for providing
information, facilities or assistance in accordance with
the terms of a court order under this act;

(iii) An officer, employee or agent of the
federal communications commission, in the normal course of
his employment and in discharge of the monitoring
responsibilities exercised by the commission in the
enforcement of 47 U.S.C. § 151 et seq., from intercepting
a wire or electronic communication, or oral communication
transmitted by radio, or disclosing or using the
information thereby obtained;

(iv) Any person from intercepting an oral, wire
or electronic communication where the person is a party to
the communication or where one (1) 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;

(v) A peace officer from intercepting, using or
disclosing to another peace officer in the course of his
official duties any wire, oral or electronic communication
pursuant to an order permitting the interception under this
act;

(vi) An employee of a telephone company from
intercepting a wire communication for the sole purpose of
tracing the origin of the communication upon request by the
recipient of the communication who alleges that the
communication is obscene, harassing or threatening in
nature. The person conducting the interception shall

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notify local law enforcement authorities of the
interception within forty-eight (48) hours;

(vii) A person from intercepting or accessing an
electronic communication made through an electronic
communication system that is configured so that the
electronic communication is readily accessible to the
general public;

(viii) A person from intercepting any radio
communication which is transmitted:

(A) By any station for the use of the
general public, or that relates to ships, aircraft,
vehicles or persons in distress;

(B) By any governmental, law enforcement,
civil defense, private land mobile or public safety
communications system, including police and fire, readily
accessible to the general public;

(C) By a station operating on an authorized
frequency within the bands allocated to the amateur,
citizens band or general mobile radio services; or

(D) By any marine or aeronautical
communications system.

(ix) A person from intercepting any wire or
electronic communication the transmission of which is
causing harmful interference to any lawfully operating
station or consumer electronic equipment, to the extent
necessary to identify the source of such interference;

(x) Other users of the same frequency to
intercept any radio communication made through a system

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that utilizes frequencies monitored by individuals engaged
in the provision or the use of the system, if the
communication is not scrambled or encrypted; or

(xi) Conduct described in this paragraph unless
the conduct is for the purposes of direct or indirect
commercial advantage or private financial gain. Conduct
that consists of or relates to the interception of a
satellite transmission that is not encrypted or scrambled
and that is transmitted:

(A) To a broadcasting station for purposes
of retransmission to the general public; or

(B) As an audio subcarrier intended for
redistribution to facilities open to the public, but not
including data transmissions or telephone calls.

(i) To use a pen register or a trap and trace
device authorized by article 8 of this chapter; or

(ii) For a provider of electronic communication
service to record the fact that a wire or electronic
communication was initiated or completed in order to
protect such provider, another provider furnishing service
toward the completion of the wire or electronic
communication, or a user of that service, from fraudulent,
unlawful or abusive use of such service.

(d) Except as provided in subsection (e) of this
section, a person or entity providing an electronic
communication service to the public shall not intentionally
divulge the contents of any communication (other than one
to such person or entity, or an agent thereof) while in

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transmission on that service to any person or entity other
than an addressee or intended recipient of such
communication or an agent of such addressee or intended
recipient.

(e) A person or entity providing electronic
communication service to the public may divulge the
contents of any such communication:

(i) As otherwise authorized in W.S.
7-3-702(b)(i), (ii) or 7-3-706;

(ii) With the lawful consent of the originator
or any addressee or intended recipient of such
communication;

(iii) To a person employed or authorized, or
whose facilities are used, to forward such communication to
its destination; or

(iv) Which were inadvertently obtained by the
service provider and which appear to pertain to the
commission of a crime, if such divulgence is made to a law
enforcement agency.

(f) Except as otherwise provided in this subsection,
any person who violates this section is guilty of a felony
punishable by a fine of not more than one thousand dollars
($1,000.00), imprisonment for not more than five (5) years,
or both. If the intercepted communication is the radio
portion of a cellular telephone communication, a cordless
telephone communication that is transmitted between the
cordless handset and the base unit, a public land mobile
radio service communication or a paging service
communication, a violation of this section is a misdemeanor
punishable by a fine of not more than seven hundred fifty

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dollars ($750.00), imprisonment for not more than six (6)
months, or both.

7-3-703. Prohibition against manufacture and
possession of wire, oral or electronic communication
intercepting devices; exceptions; penalties.

(a) Except as provided in subsection (b) of this
section, no person shall intentionally manufacture,
assemble, possess, sell or offer for sale 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 surreptitious interception of
wire, oral or electronic communications.

(b) Nothing in subsection (a) of this section
prohibits an officer, agent, employee of or person under
contract with or bidding upon contract with a provider of
wire or electronic communication services, 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 through
the mail, send or carry in interstate or foreign commerce,
or manufacture, assemble, possess or sell 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 surreptitious interception of
wire, oral or electronic communications.

(c) Nothing in subsection (a) of this section shall
prohibit the manufacture, possession or use of an
electronic or mechanical device to access a communication
system that is configured so that the communication is
readily accessible to the public.

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(d) Any person who violates this section is guilty of
a felony punishable as provided in W.S. 7-3-702(f) for
felony violations.

7-3-704. Seizure and forfeiture of wire or oral
communication intercepting devices.

Any electronic, mechanical or other device manufactured,
assembled, used, sold or possessed in violation of this act
may be seized by any peace officer upon process issued by
any district court or district court commissioner having
jurisdiction over the property, or without process if the
seizure is incident to an arrest or a search under a search
warrant or if the peace officer seizing the device has
probable cause to believe the property was used or is
intended to be used in violation of this act. Devices
subject to seizure under this act are contraband subject to
forfeiture in accordance with law.

7-3-705. Authorization for interception of wire, oral
or electronic communications.

(a) The attorney general or the district attorney
within whose jurisdiction the order is sought in
conjunction with the attorney general, may authorize an
application to a judge of competent jurisdiction for an
order authorizing the interception of wire, oral or
electronic communications by the Wyoming division of
criminal investigation, federal criminal law enforcement
agency or any law enforcement agency of the state having
responsibility for investigation of the offense for which
the application is made, if the interception may provide
evidence of an attempt to commit, conspiracy to commit,
solicitation to commit or the commission of any of the
following felony offenses or comparable crimes in any other
jurisdiction:

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(i) Violations of the Wyoming Controlled
Substances Act of 1971;

(ii) Any of the following, if incident to or
discovered during investigation of a violation of the
Wyoming Controlled Substances Act of 1971:

(A) Murder as defined in W.S. 6-2-101 and
6-2-104;

(B) Kidnapping or related felony offense as
defined in W.S. 6-2-201, 6-2-202 and 6-2-204;

(D) Robbery as defined in W.S. 6-2-401;

(E) Blackmail as defined in W.S. 6-2-402;

(F) Burglary as defined in W.S. 6-3-301; or

(G) Felony larceny or related felony
offense defined in W.S. 6-3-401 through 6-3-410.

7-3-706. Authorization for disclosure and use of
intercepted communications.

(a) Any peace officer who, by any means authorized by
this act, has obtained knowledge of the contents of any
wire, oral or electronic communication, or evidence derived
therefrom, may disclose such contents to another peace
officer to the extent that the disclosure is appropriate to
the proper performance of the official duties of the
officer making or receiving the disclosure.

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(b) Any peace officer who, by any means authorized by
this act, has obtained knowledge of the contents of any
wire, oral or electronic communication or evidence derived
therefrom may use such contents to the extent the use is
appropriate to the proper performance of his official
duties.

(c) Any person who has received, by any means
authorized by this act, any information concerning a wire,
oral or electronic communication, or evidence derived
therefrom intercepted in accordance with the provisions of
this act, may disclose the contents of that communication
or the derivative evidence while giving testimony under
oath or affirmation in any proceeding held under the
authority of the state or political subdivision thereof.

7-3-707. Procedure for interception of wire, oral or
electronic communications.

(a) Each application for an order authorizing the
interception of wire, oral or electronic communications
shall be made in writing upon oath or affirmation to a
judge of competent jurisdiction and shall state the
applicant's authority under W.S. 7-3-705(a) to make the
application. Each application shall include the following
information:

(i) The identity of the peace officer making the
application and of the officer authorizing the application;

(ii) A full and complete statement of the facts
and circumstances relied upon by the applicant to justify
his belief that an order should be issued, including:

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(A) Specific facts concerning the
particular offense that is being investigated;

(B) Except as provided in subsection (t) of
this section, a particular description of the nature and
location of the facilities from which, or the place where,
the communication is to be intercepted;

(D) The identity of the person or persons,
if known, who are suspected of committing the offense and
whose communications are to be intercepted.

(iii) A full and complete statement as to
whether or not other investigative procedures have been
tried and have failed, or why they reasonably appear to be
unlikely to succeed or would be too dangerous;

(iv) A statement of the required duration of the
interception. If the nature of the investigation will
require that the interception not automatically terminate
when the described type of communication has been first
obtained, the application shall state a particular
description of facts sufficient to establish probable cause
to believe that additional communications of the same type
will occur after the initial interception;

(v) A full and complete statement by the
applicant concerning all previous applications known to the
individual authorizing and making the application to have
been made to any judge:

(A) For permission to intercept wire, oral
or electronic communications involving any of the same

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persons, facilities or places specified in the application;
and

(B) Action taken by the judge on each
previous application.

(vi) If the application is for extension of an
order, a complete statement shall be made setting forth the
results thus far obtained from the interception or a
reasonable explanation of the failure to obtain any
results.

(b) The judge may require the applicant to furnish
additional testimony or documentary evidence in support of
the application.

(c) Upon an application, the judge may issue an ex
parte order, as requested or modified, authorizing
interception of wire, oral or electronic communications
within the territorial jurisdiction of the court in which
the judge is sitting, and outside that jurisdiction but
within the state of Wyoming in the case of a mobile
interception device authorized by a district court within
such district, if the judge determines on the basis of the
facts submitted by the applicant that:

(i) There is probable cause for belief that the
named person is committing or has committed any of the
offenses enumerated in W.S. 7-3-705;

(ii) There is probable cause for belief that
particular communications concerning those offenses will be
intercepted;

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(iii) Normal investigative procedures have been
tried and have failed, or reasonably appear to be unlikely
to succeed or would be too dangerous;

(iv) Except as provided in subsection (u) of
this section, there is probable cause for belief that the
facilities from which, or the place where, the wire, oral
or electronic communications are to be intercepted is or is
about to be used in connection with any of the offenses
enumerated in W.S. 7-3-705 or is leased to, listed in the
name of or used by the person suspected in the commission
of any enumerated offense.

(d) Each order authorizing interception of wire, oral
or electronic communications shall specify:

(i) The identity of the person or persons, if
known, whose communications are to be intercepted;

(ii) The nature and location of the
communications facilities as to which, or place where the
authority to intercept is granted;

(iii) A particular description of the type of
communication sought to be intercepted and a statement of
the particular offense or offenses to which it relates;

(iv) The period of time during which an
interception is authorized including a statement as to
whether or not the interception shall automatically
terminate when the described communication is first
obtained;

(v) The identity of the agency authorized to
intercept the communications and of the person authorizing
the application.

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(e) No order entered under this section may authorize
the interception of any wire, oral or electronic
communication for any period longer than is necessary to
achieve the objective of the authorization, or in any event
no longer than thirty (30) days unless extended under
subsection (f) of this section. The thirty (30) day period
provided by this subsection begins on the earlier of the
day on which the peace officer first begins to conduct an
interception under the order or ten (10) days after the
order is entered.

(f) Extensions of an order may be granted upon an
application for extension made in accordance with
subsection (a) of this section and upon the findings
required by subsection (c) of this section. The period of
the extension shall be no longer than the authorizing judge
deems necessary to achieve the purposes for which it was
granted and in any event no longer than thirty (30) days.

(g) Every order and extension thereof shall contain a
provision that the authorization to intercept shall be
executed as soon as practicable, and that the execution of
the permission shall be conducted in such a way as to
minimize the interception of communications not otherwise
subject to interception under this act. Every order or
extension thereof shall also provide that the interception
terminate upon attainment of the objective, or in any event
in thirty (30) days.

(h) Whenever an order authorizing interception is
entered pursuant to this act, the order may require reports
to be made to the judge issuing the order, stating the
progress which has been made toward achievement of the
authorized objective and the need for continued

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interception. The reports shall be made at intervals as the
judge may require.

(j) The contents of any wire, oral or electronic
communication intercepted shall, if possible, be recorded
on tape, electronic, wire, computer storage media or other
comparable device. The recording shall be performed to
protect it from editing or other alterations. Immediately
upon expiration of the period of the order, or extension
thereof, the recording shall be submitted to the judge
issuing the order and shall be sealed under his directions.
Custody of the recordings shall be wherever the judge
orders. A recording shall not be destroyed except upon an
order of the judge, and in any event shall be kept for ten
(10) years. Duplicate recordings may be made for use or
disclosure pursuant to the provisions of this section. The
presence of the seal provided for by this subsection, or a
satisfactory explanation for its absence, is a prerequisite
for the use or disclosure of the contents of any wire or
oral communication or evidence derived therefrom.

(k) Applications made and orders granted under this
act shall be sealed by the judge. Custody of the sealed
applications and orders shall be maintained at the
direction of the judge. The applications and orders shall
be disclosed only upon a showing of good cause before a
judge and shall not be destroyed except upon order of the
judge to whom the application was presented, and in any
event shall be kept for ten (10) years. Any information
obtained pursuant to a court order permitting interception
of wire, oral or electronic communications shall not be
used, published or divulged except in accordance with the
provisions of this act. Any violations of the provisions of
this subsection or subsection (j) of this section may be
punished as contempt of the issuing or denying judge.

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(m) Within a reasonable time, but not later than
ninety (90) days after the denial of an application or the
termination of the period of an order authorizing
interception or extension thereof, the judge shall cause to
be served upon each person named in the order or
application and any other person the judge determines as in
the interest of justice, notice of the following:

(i) That an order or application has been
entered under this section;

(ii) The date of the entry and the period of
permitted interception or the denial of the application;
and

(iii) Whether wire, oral or electronic
communications were or were not intercepted.

(n) The judge, upon the filing of a motion, may, in
his discretion, make available to the person or his counsel
for inspection any portion of the intercepted
communications, applications and orders as the judge
determines to be in the interest of justice. On an ex
parte showing of good cause to a judge of competent
jurisdiction, the service of the matter required by
subsection (m) of this section may be postponed.

(o) The contents of any wire, oral or electronic
communication intercepted pursuant to this section or
evidence derived from that communication shall not be
received in evidence or otherwise disclosed in any trial,
hearing or other proceeding unless the party offering the
evidence, not less than twenty (20) days before the trial,
hearing or proceeding, gives notice to the court or hearing
officer and all other parties. The court may then order
disclosure of the court order and accompanying application.

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If the order of interception and accompanying application
has previously been disclosed, the offering party may
furnish all other parties with the order of interception
and accompanying application without further order of the
court or hearing officer upon proper notice. This twenty
(20) day period may be waived by the court or hearing
officer if it finds that it was not possible to furnish the
party with the information twenty (20) days before the
trial, hearing or proceeding and that no party will be
prejudiced by the delay in receiving the information.

(p) The contents of any intercepted wire, oral or
electronic communication or evidence derived therefrom
shall not be admitted as evidence in any trial, hearing or
other proceeding in this state unless the interception was
performed in accordance with this act.

(q) No otherwise privileged wire, oral or electronic
communication intercepted in accordance with or in
violation of this act shall lose its privileged character,
unless the communications are in furtherance of a criminal
act in violation of the laws of the United States or this
state.

(r) When a peace officer, while engaged in
intercepting wire, oral or electronic communications
relating to an offense specified in the order permitting
interception, intercepts wire, oral or electronic
communications relating to an offense other than those
specified in the order, the contents thereof, and evidence
derived therefrom, may be disclosed or used only if the
offense constitutes a felony under the laws of the United
States or this state. If the communication concerns an
enumerated offense listed in W.S. 7-3-705, the agency
executing the order of interception shall apply to the
issuing court for an expansion of the order of interception

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pursuant to paragraph (a)(ii) of this section. The
application shall be made as soon as practicable.

(s) In the event an intercepted communication is in a
code or a foreign language, and an expert in that code or
foreign language is not reasonably available during the
interception period, any minimization required under this
section shall be accomplished as soon as practicable after
the interception.

(t) The requirements of subparagraph (a)(ii)(B) and
paragraph (c)(iv) of this section relating to the
specification of the facilities from which, or the place
where, the communication is to be intercepted do not apply
if:

(i) In the case of an application with respect
to the interception of an oral communication:

(A) The application contains a full and
complete statement as to why such specification is not
practical and identifies the person committing the offense
and whose communications are to be intercepted; and

(B) The judge finds that such specification
is not practical.

(ii) In the case of an application with respect
to a wire or electronic communication:

(A) The application identifies the person
believed to be committing the offense and whose
communications are to be intercepted and the applicant
makes a showing that there is probable cause to believe
that the person's actions could have the effect of
thwarting interception from a specified facility;

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(B) The judge finds that such showing has
been adequately made; and

(C) The order authorizing the interception
is limited to interception only for such time as it is
reasonable to presume that the person identified in the
application is or was reasonably proximate to the
instrument through which such communication will be or was
transmitted.

(u) An interception of a communication under an order
with respect to which the requirements of subparagraph
(a)(ii)(B) and paragraph (c)(iv) of this section do not
apply by reason of paragraph (t)(i) of this section shall
not begin until the place where the communication is to be
intercepted is ascertained by the person implementing the
interception order. A provider of wire or electronic
communications service that has received an order as
provided for in paragraph (t)(ii) of this section may move
the court to modify or quash the order on the ground that
its assistance with respect to the interception cannot be
performed in a timely or reasonable fashion. The court,
upon notice to the prosecuting authority, shall decide such
a motion expeditiously.

7-3-708. Order directing others to furnish
assistance.

An order permitting the interception of a wire, oral or
electronic communication shall, upon request of the
applicant, direct that a provider of wire or electronic
communication service, landlord, custodian or other person
shall immediately furnish the applicant all information,
facilities and technical assistance necessary to accomplish
the interception unobtrusively and with a minimum of

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interference with the services that the service provider,
landlord, custodian or other person is supplying the person
whose communication is to be intercepted. Any provider of
wire or electronic communication service, landlord,
custodian or other person furnishing these facilities or
technical assistance shall be compensated therefor by the
applicant for reasonable expenses incurred in providing the
facilities or assistance.

7-3-709. Information furnished to attorney general by
executing agency; report to legislature.

(a) Upon final execution of an order of interception,
the executing agency shall furnish the following
information within ten (10) working days to the attorney
general:

(i) The fact that an order or extension was
applied for, information as to the number of orders,
extensions and expansions made by the court including:

(A) Whether or not the order was one with
respect to which the requirements of W.S. 7-3-707(a)(ii)(B)
and (c)(iv) did not apply by reason of W.S. 7-3-707(t); and

(B) The fact that the order or extension
was granted as applied for, was modified or was denied;

(D) The identity of the applying peace
officer and agency making the application and the person
authorizing the application.

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(ii) Each offense specified in the application
order or extension of an order;

(iii) The nature of the facilities from which or
the place where communications were to be intercepted;

(iv) A general description of the interceptions
made under any order or extension, including the
approximate nature and frequency of incriminating
communications intercepted and approximate nature and
frequency of other communications intercepted, the number
of persons whose communications were intercepted and the
nature, amount and cost of the manpower and other resources
used in the interceptions.

(b) The prosecuting authority or investigating law
enforcement agency shall report to the attorney general by
April 1, for the preceding calendar year in which an order
was applied for under this act:

(i) The number of arrests resulting from
interceptions made under the order or extension and the
offenses for which arrests were made;

(ii) The number of trials resulting from such
interceptions;

(iii) The number of motions to suppress made
with respect to such interceptions, and the number granted
or denied; and

(iv) The number of convictions resulting from
such interceptions and the offenses for which the
convictions were obtained and a general assessment of the
importance of the interceptions.

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(c) The attorney general shall report to the joint
judiciary interim committee no later than July 1 of each
year. The report shall contain the information required by
subsections (a) and (b) of this section.

7-3-710. Recovery of civil damages for violations;
good faith defense.

(a) Subject to W.S. 7-3-702(b)(ii), any person whose
wire, oral or electronic communication is intercepted,
disclosed or used in violation of this act may recover
damages against any person who intercepts, discloses, uses
or procures any other person to intercept, disclose or use
the communications as follows:

(i) Actual damages but not less than one
thousand dollars ($1,000.00) a day for each day of
violation;

(ii) Punitive damages; and

(iii) Reasonable attorney's fees and other
litigation costs reasonably incurred.

(b) A good faith reliance on a court order
constitutes a complete defense to any civil or criminal
action brought under this act.

7-3-711. Exclusivity of provisions.

This act shall be the exclusive means by which any
interception of wire, oral or electronic communications may
be permitted for investigation of the violation of any law,
statute or ordinance of the state of Wyoming or any local,
municipal or other governmental unit.

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7-3-712. Reports by attorney general and state
courts.

The attorney general and Wyoming courts shall report to the
administrative office of the United States courts pursuant
to 18 U.S.C. § 2519.

ARTICLE 8

PEN REGISTERS

7-3-801. Definitions.

(a) As used in this act:

(i) "Attorney for the state" means the attorney
general or his designee, or district attorney;

(ii) "Court of competent jurisdiction" means a
district court;

(iii) "Peace officer" means as defined in W.S.
7-3-701;

(iv) "Pen register" means a device which
identifies on hook and off hook conditions and records or
decodes electronic or other impulses which identify the
numbers dialed or otherwise transmitted on the telephone
line to which the device is attached, but the term does not
include any device used by a provider or customer of a wire
or electronic communication service for billing, or
recording as an incident to billing, for communications
services provided by the provider or any device used by a
provider or customer of a wire communication service for
cost accounting or other like purposes in the ordinary
course of its business;

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(v) "Trap and trace device" means a device which
captures the incoming electronic or other impulses which
identify the originating number of an instrument or device
from which a wire or electronic communication was
transmitted;

(vi) "Wire communication", "electronic
communication" and "electronic communication service" have
the same meanings set forth in W.S. 7-3-701;

(vii) "This act" means W.S. 7-3-801 through
7-3-806.

7-3-802. General prohibition on pen register and trap
and trace device use; exception.

(a) Except as provided in this section, no person may
install or use a pen register or a trap and trace device
without first obtaining a court order under W.S. 7-3-804.

(b) The prohibition of subsection (a) of this section
does not apply with respect to the use of a pen register or
a trap and trace device by a provider of electronic or wire
communication service:

(i) Relating to the operation, maintenance and
testing of a wire or electronic communication service or to
the protection of the rights or property of such provider,
or to the protection of users of that service from abuse of
service or unlawful use of service;

(ii) To record the fact that a wire or
electronic communication was initiated or completed in
order to protect such provider, another provider furnishing
service toward the completion of the wire communication, or

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a user of that service, from fraudulent, unlawful or
abusive use of service; or

(iii) Where the consent of the user of that
service has been obtained.

(c) A state or local agency authorized to install and
use a pen register under this act shall use technology
reasonably available to it that restricts the recording or
decoding of electronic or other impulses to the dialing and
signaling information utilized in call processing.

(d) Whoever knowingly violates subsection (a) of this
section shall be fined not more than one thousand dollars
($1,000.00), imprisoned not more than one (1) year, or
both.

7-3-803. Application for an order for a pen register
or a trap and trace device.

(a) An attorney for the state may make application
for an order or an extension of an order under W.S. 7-3-804
authorizing the installation and use of a pen register or a
trap and trace device under this act, in writing under oath
or equivalent affirmation, to a court of competent
jurisdiction only for investigations of violations of the
Wyoming Controlled Substances Act of 1971.

(b) An application under subsection (a) of this
section shall include:

(i) The identity of the attorney for the state,
making the application and the identity of the law
enforcement agency conducting the investigation; and

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(ii) A certification by the applicant that the
information likely to be obtained is relevant to an ongoing
investigation of a violation of the Wyoming Controlled
Substances Act of 1971 being conducted by that agency.

7-3-804. Issuance of an order for a pen register or a
trap and trace device.

(a) Upon an application made under W.S. 7-3-803, the
court shall enter an ex parte order authorizing the
installation and use of a pen register or a trap and trace
device within the state if the court finds that the
attorney for the state has certified to the court that the
information likely to be obtained by such installation and
use is relevant to an ongoing investigation of a violation
of the Wyoming Controlled Substances Act of 1971.

(b) An order issued under this section:

(i) Shall specify:

(A) The identity, if known, of the person
to whom is leased or in whose name is listed the telephone
line to which the pen register or trap and trace device is
to be attached;

(B) The identity, if known, of the person
who is the subject of the criminal investigation;

(C) The number and, if known, physical
location of the telephone line to which the pen register or
trap and trace device is to be attached and, in the case of
a trap and trace device, the geographic limits of the trap
and trace order; and

Page 31

(D) A statement of the offense to which the
information likely to be obtained by the pen register or
trap and trace device relates.

(ii) Shall direct, upon the request of the
applicant, the furnishing of information, facilities, and
technical assistance necessary to accomplish the
installation of the pen register or trap and trace device
under W.S. 7-3-805.

(c) An order issued under this section shall
authorize the installation and use of a pen register or a
trap and trace device for a period not to exceed sixty (60)
days. Extensions of the order may be granted, but only
upon an application for an extension meeting the
requirements of W.S. 7-3-803 and upon the judicial finding
required by subsection (a) of this section. Each period of
extension shall be for a period not to exceed sixty (60)
days.

(d) An order authorizing the installation and use of
a pen register or a trap and trace device shall direct
that:

(i) The order be sealed until otherwise ordered
by the court; and

(ii) The person owning or leasing the line to
which the pen register or a trap and trace device is
attached, or who has been ordered by the court to provide
assistance to the applicant, not disclose the existence of
the pen register or trap and trace device or the existence
of the investigation to the listed subscriber, or to any
other person, unless or until otherwise ordered by the
court.

Page 32

7-3-805. Assistance in installation and use of a pen
register or a trap and trace device.

(a) Upon the request of an attorney for the state or
an officer of a law enforcement agency authorized to
install and use a pen register under this act, a provider
of wire or electronic communication service, landlord,
custodian or other person shall furnish such investigative
or peace officer forthwith all information, facilities, and
technical assistance necessary to accomplish the
installation of the pen register unobtrusively and with a
minimum of interference with the services that the person
so ordered by the court accords the party with respect to
whom the installation and use is to take place, if such
assistance is directed by a court order as provided in W.S.
7-3-804(b)(ii).

(b) Upon the request of an attorney for the state or
an officer of a law enforcement agency authorized to
receive the results of a trap and trace device under this
act, a provider of a wire or electronic communication
service, landlord, custodian or other person shall install
such device forthwith on the appropriate line and shall
furnish such investigative or peace officer all additional
information, facilities and technical assistance including
installation and operation of the device unobtrusively and
with a minimum of interference with the services that the
person so ordered by the court accords the party with
respect to whom the installation and use is to take place,
if such installation and assistance is directed by a court
order as provided in W.S. 7-3-804(b)(ii). Unless otherwise
ordered by the court, the results of the trap and trace
device shall be furnished, pursuant to W.S. 7-3-804(b), to
the officer of a law enforcement agency, designated in the
court order, at reasonable intervals during regular
business hours for the duration of the order.

Page 33

(c) A provider of a wire or electronic communication
service, landlord, custodian or other person who furnishes
facilities or technical assistance pursuant to this section
shall be reasonably compensated for such reasonable
expenses incurred in providing such facilities and
assistance.

(d) No cause of action shall lie in any court against
any provider of a wire or electronic communication service,
its officers, employees, agents or other specified persons
for providing information, facilities or assistance in
accordance with the terms of a court order under this act.

(e) A good faith reliance on a court order under this
act, a legislative authorization, or a statutory
authorization is a complete defense against any civil or
criminal action brought under this act or any other law.

7-3-806. Reports concerning pen registers and trap
and trace devices.

The attorney general shall annually report to the joint
judiciary interim committee on the number of pen register
orders and orders for trap and trace devices applied for
under this act. The report shall be provided no later than
July 1 of each year.

Section 2. W.S. 7-3-601 through 7-3-611 are repealed.

Page 34

Section 3. This act is effective immediately upon
completion of all acts necessary for a bill to become law
as provided by Article 4, Section 8 of the Wyoming
Constitution.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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