Need FCC CFR Citation

[Iamdabob]

I need all you guys that know the FCC laws to pick you brains for me.

I need the citation for the Federal Law against using a scanner during the commission of a crime.

IE listen to police band to know when they are coming and when to run from them.

I spoke with the FCC and the best their people could say was:

CFR Title 47 (FCC RULES)
Part 90 or 95...

I have been reading that legal stuff so long my eyes are gonna fall out.

PLEASE HELP ME!!!!

 

[nexus]

So what crime did you commit while in possession of a scanner?

 

[Iamdabob]

LOL no this is for a law class take home test. I have to identify the crimes commited in the story and cite the law broken.

 

[tneff]

I think most of the laws concerning this particular situation, are based on local or state laws.

 

[ImTheWeasel]

Source: Oklahoma Statutes Annotated (O.S.A.) Online
TITLE 21 - Crimes and Punishments
Crimes Against Public Health and Safety
General and Miscellaneous
21 s.1214.


§ 21-1214.

Radio sets capable of receiving on police frequencies - Unlawful uses.

It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes or while in the commission of a crime and not otherwise and any person violating the provisions hereof shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for not more than three (3) years, or fined by not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.

Added by Laws 1961, p. 228, H.B. No. 811, § 1. Amended by Laws 1965, c. 134, § 1; Laws 1970, c. 271, § 1, emerg. eff. April 28, 1970; Laws 1997, c. 133, § 310, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 208, eff. July 1, 1999.



Check Out P.R. 91-36...

http://www.afn.org/~afn09444/scanlaws/laws/scanner/pr_91-36-moo.html

 

[Don_Burke]

I have not found it in the CFR and do not expect to as the US Code covers it.

Check: http://www.gpoaccess.gov/uscode/index.html

Here is all the hint I will give you (and it is a huge hint):

TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5--WIRE OR RADIO COMMUNICATION SUBCHAPTER

VI--MISCELLANEOUS PROVISIONS

Sec. 605. Unauthorized publication or use of communications

I need all you guys that know the FCC laws to pick you brains for me.

I need the citation for the Federal Law against using a scanner during the commission of a crime.

IE listen to police band to know when they are coming and when to run from them.

I spoke with the FCC and the best their people could say was:

CFR Title 47 (FCC RULES)
Part 90 or 95...

I have been reading that legal stuff so long my eyes are gonna fall out.

PLEASE HELP ME!!!!

 

[N_Jay]

I have never looked but would not expect the FCC rules to address this other than as an extension of using intercepted communications for personal benefit.

 

[kb2vxa]

If you've gotten your a** in hot water it's up to your lawyer to get you out, that's his job, not yours. If he doesn't know how to do his own homework he's made soup of you, fire your lawyer.

On the other hand you don't have to know the exact wording of the federal statute or those of the states that paraphrase it. All you need to know is it's a felony to use intercepted communications police or otherwise in the commission or facilitation of a crime.

If you really did get in the soup I'll bet the prosecutor knows the words to the music you're dancing to. If you're still on firm ground trot on down to City Hall and ask the court clerk to look it up and give you a copy, it's in the state statute book. Therein lies a certain advantage, if it's more involved than the federal you'll be aware of it's full ramifications. Some states have severe restrictions and New York bans mobile and portable scanners altogether.

Now where did the link to a compilation of state statutes get off to? I know it's in these forums someplace and if I remember right it starts off with the federal.

 

[Russell]

Communications Act of 1934 makes it illegal to disclose or otherwise use for personal benfit anything "over"-heard on non-brooadcast radio. Most of the federal law is based on this act.

 

[Iamdabob]

Source: Oklahoma Statutes Annotated (O.S.A.) Online
TITLE 21 - Crimes and Punishments
Crimes Against Public Health and Safety
General and Miscellaneous
21 s.1214.


§ 21-1214.

Radio sets capable of receiving on police frequencies - Unlawful uses.

It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes or while in the commission of a crime and not otherwise and any person violating the provisions hereof shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for not more than three (3) years, or fined by not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.

Added by Laws 1961, p. 228, H.B. No. 811, § 1. Amended by Laws 1965, c. 134, § 1; Laws 1970, c. 271, § 1, emerg. eff. April 28, 1970; Laws 1997, c. 133, § 310, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 208, eff. July 1, 1999.



Check Out P.R. 91-36...

http://www.afn.org/~afn09444/scanlaws/laws/scanner/pr_91-36-moo.html

Thank You that Is a huge help.... But If there is a federal law then I can slap my imaginary suspect with federal charges to and screw is day up that much more.

 

[JohnnyGalaga]

This is why I hate lawyers so much.

 

[WA4MJF]

If there is one, I would look in 18 USC, that is where most of the
crimes are. Of oucrse, if there is one, it would only apply to use
during the commission of a Federal crime. Most crimes are
state/commonwealth crimes. In places of exclusive Federal
jurisdiciton, then they often use the Assimaltive Crimes Act.

 

[trace1]

LOL no this is for a law class take home test. I have to identify the crimes commited in the story and cite the law broken.

So you want someone else to do your "homework", huh?

 

[hoser147]

This one cracks me up everyone being Armchair Attorneys tryin to help a Law Student and tossing out info left and right. How many Slammers have the Net?? Most have some sort of law library. Dont try to read between the lines.:roll: .......Just read the lines. :lol: .

............H:lol:ser

OMG Im startn to sound like N_Jay :evil: :lol: :roll:

 

[902]

Free Advice Is Worth As Much As It Costs

I need all you guys that know the FCC laws to pick you brains for me.

I need the citation for the Federal Law against using a scanner during the commission of a crime.

IE listen to police band to know when they are coming and when to run from them.

I spoke with the FCC and the best their people could say was:

CFR Title 47 (FCC RULES)
Part 90 or 95...

I have been reading that legal stuff so long my eyes are gonna fall out.

PLEASE HELP ME!!!!

Try 18 USC 2511 (1).

Most laws specifically referring to scanners or receivers are state laws or local ordinances.

 

[hoser147]

LOL no this is for a law class take home test. I have to identify the crimes commited in the story and cite the law broken.

Post #3..................hoser

 

[SCANdal]

Here we go again...

Some states have severe restrictions and New York bans mobile and portable scanners altogether.

kb2vxa,

This is news to me. Can you please elaborate with a citation / reference?

Thank you in advance,

SCANdal

 

[hoser147]

Hey SCANdal check this out........Hoser http://www.afn.org/~afn09444/scanlaws/scanner5.html

 

[loumaag]

AFAIK there is no federal law in regard to this in general. There may be specific statutes depending on location (say on a tribal reservation) but based on your stated need, I don't think you will find one; in any case it would not appear in the FCC rules if there was one. Use the state statute for OK since you are in OK.

Warren:
In reference to your broad statement that it is illegal, you assume too much. Do you know for a fact that all 50 states have such statutes? I don't. Also, if you took the time to read the thread up to your posting point you would have realized there is no lawyer involved.

SCANdal:
I am going to ask that your request be ignored, it is off topic and has been discussed many, many times in both this forum, the NY forum and the others. I suggest you do a little searching.

 

[Don_Burke]

This is from US Code, not CFR.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 5--WIRE OR RADIO COMMUNICATION

SUBCHAPTER VI--MISCELLANEOUS PROVISIONS

Sec. 605. Unauthorized publication or use of communications


(a) Practices prohibited

Except as authorized by chapter 119, title 18, no person receiving,
assisting in receiving, transmitting, or assisting in transmitting, any
interstate or foreign communication by wire or radio shall divulge or
publish the existence, contents, substance, purport, effect, or meaning
thereof, except through authorized channels of transmission or
reception, (1) to any person other than the addressee, his agent, or
attorney, (2) to a person employed or authorized to forward such
communication to its destination, (3) to proper accounting or
distributing officers of the various communicating centers over which
the communication may be passed, (4) to the master of a ship under whom
he is serving, (5) in response to a subpena issued by a court of
competent jurisdiction, or (6) on demand of other lawful authority. No
person not being authorized by the sender shall intercept any radio
communication and divulge or publish the existence, contents, substance,
purport, effect, or meaning of such intercepted communication to any
person. No person not being entitled thereto shall receive or assist in
receiving any interstate or foreign communication by radio and use such
communication (or any information therein contained) for his own benefit
or for the benefit of another not entitled thereto. No person having
received any intercepted radio communication or having become acquainted
with the contents, substance, purport, effect, or meaning of such
communication (or any part thereof) knowing that such communication was
intercepted, shall divulge or publish the existence, contents,
substance, purport, effect, or meaning of such communication (or any
part thereof) or use such communication (or any information therein
contained) for his own benefit or for the benefit of another not
entitled thereto. This section shall not apply to the receiving,
divulging, publishing, or utilizing the contents of any radio
communication which is transmitted by any station for the use of the
general public, which relates to ships, aircraft, vehicles, or persons
in distress, or which is transmitted by an amateur radio station
operator or by a citizens band radio operator.