Wiretapping. North Dakota law prohibits the interception of any wire or oral communication by an electronic, mechanical, or other device (N.D. Cent. Code § 12.1-15-02(1)). A person is guilty of a Class C felony if he or she:
• Intentionally intercepts a wire or oral communication by use of any electronic, mechanical, or other device; or
• Intentionally discloses to any other person or intentionally uses the contents of any wire or oral communication, knowing that the information was obtained through the interception of a wire or oral communication.
An individual who committed one of the acts above has a defense to prosecution if:
• The individual was authorized by law to intercept, disclose, or use the wire or oral communication;
• The individual was acting under color of the law to intercept a wire or oral communication and was a party to the communication or one of the parties to the communication had given prior consent to such interception; or
• The individual was a party to the ...