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Indiana Scanner Law
Original source: Indiana Code (2019)
IC 35-44.1-2
IC 35-44.1-2-7
Unlawful use of a police radio
Sec. 7. (a) A person who knowingly or intentionally:
(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency
purposes; or
(3) possesses or uses a police radio or a police radio mobile
application:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are
used in emergency service;
(4) a public service or utility company whose vehicles are
used in emergency service;
(5) a person who has written permission from the chief
executive officer of a law enforcement agency to possess a
police radio;
(6) a person who holds an amateur radio license issued by the
Federal Communications Commission if the person is not transmitting
over a frequency assigned for police emergency purposes;
(7) a person who uses a police radio only in the person's
dwelling or place of business;
(8) a person:
(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receive legal
advertisements under IC 5-3-1, a wire service, or a licensed
commercial or public radio or television station; and
(C) whose name is furnished by the person's employer to the
chief executive officer of a law enforcement agency in the county in
which the employer's principal office is located;
(9) a person engaged in the business of manufacturing or selling
police radios; or
(10) a person who possesses or uses a police radio during the
normal course of the person's lawful business.
(c) As used in this section, "police radio" means a radio that is
capable of sending or receiving signals transmitted on frequencies
assigned by the Federal Communications Commission for police
emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual.
The term does not include a radio designed for use only in a
dwelling.
(d) As used in this section, "police radio mobile application"
means an application installed on a mobile device that allows a
person to listen to the contents of traffic carried on police radio
frequencies.
As added by P.L.126-2012, SEC.54. Amended by P.L.66-2019, SEC.15.
Source: http://iga.in.gov/legislative/laws/2019/ic/titles/035#35-44.1-2-7
September 23, 2019:With grateful thanks to Jeffrey Williams for so quickly notifying us of the update of the law.
Retranscribed by: Todd L. Sherman/KB4MHH
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