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Questions and Answers
Except as otherwise specifically provided in this chapter, any person who ________ violates subsection (1) is guilty of a felony of the third degree?
Except as otherwise specifically provided in this chapter, any person who ________ violates subsection (1) is guilty of a felony of the third degree?
- ntentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication (correct)
- Such device is affixed to, or otherwise transmits a signal (correct)
- Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire (correct)
- Intentionally uses, or endeavors to use, the contents of any wire (correct)
Notwithstanding any other law, under what circumstances may a provider of wire, oral, or electronic communication service, or their agents, provide information?
Notwithstanding any other law, under what circumstances may a provider of wire, oral, or electronic communication service, or their agents, provide information?
- A request from the user requesting their data
- A court order directing such assistance signed by the authorizing judge (correct)
- When the information requested is a public record
- A certification in writing by a person specified in s. 934.09(7) that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required (correct)
Under which Communications Act is it prohibited to engage in certain conduct by any marine or aeronautical communications system?
Under which Communications Act is it prohibited to engage in certain conduct by any marine or aeronautical communications system?
- 1934 (correct)
- 1962
- 1986
- 1996
It is lawful under this section and ss. 934.04-934.09 for _____ to intercept and record an oral communication if the child is a party to the communication and has reasonable grounds to believe that recording the communication will capture a statement by another party to the communication that the other party intends to commit, is committing, or has committed an unlawful sexual act or an unlawful act of physical force or violence?
It is lawful under this section and ss. 934.04-934.09 for _____ to intercept and record an oral communication if the child is a party to the communication and has reasonable grounds to believe that recording the communication will capture a statement by another party to the communication that the other party intends to commit, is committing, or has committed an unlawful sexual act or an unlawful act of physical force or violence?
It is lawful under this section and ss. 934.04-934.09 for a person who ______ to intercept and record a wire, oral, or electronic communication received in violation of such injunction or court order.
It is lawful under this section and ss. 934.04-934.09 for a person who ______ to intercept and record a wire, oral, or electronic communication received in violation of such injunction or court order.
If the offense is a first offense under paragraph (a) and is not for any tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication involved is a radio communication that is not scrambled or encrypted, what is the person committing the offense guilty of?
If the offense is a first offense under paragraph (a) and is not for any tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication involved is a radio communication that is not scrambled or encrypted, what is the person committing the offense guilty of?
If the offense is a first offense under paragraph (a) and does not involve any tortious or illegal purpose, what is the classification of the offense if it involves a radio communication that is not scrambled or encrypted?
If the offense is a first offense under paragraph (a) and does not involve any tortious or illegal purpose, what is the classification of the offense if it involves a radio communication that is not scrambled or encrypted?
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Study Notes
Legal Violations and Penalties
- Violating the specified subsection is classified as a felony of the third degree.
- Certain actions by wire, oral, or electronic communication service providers or their agents may be permitted to release information under specific conditions.
Communications Act and Regulations
- Prohibitions on conduct involving marine or aeronautical communication systems are outlined in the relevant Communications Act.
Lawful Interception Provisions
- A child may lawfully intercept and record oral communications if they are a participant and have reasonable grounds to believe the communication may capture intentions or actions regarding unlawful sexual acts or acts of violence.
- Individuals may intercept and record communications in violation of court orders or injunctions under specified sections.
Offense Classifications
- First offenses related to radio communications that are not scrambled or encrypted, without tortious or illegal intent, do not result in severe penalties, potentially leading to a lower classification.
- The classification of the offense remains non-felonious under certain first offense conditions, particularly focusing on the absence of tortious intent and the nature of the communication.
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