Definitions

As used within this part, the term: (1) ‘‘Device’’ means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser, or similar beams. Without limiting the generality of the foregoing, the term ‘‘device’’ shall specifically include any camera, photographic equipment, video equipment, or other similar equipment or any electronic, mechanical, or other 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 any component thereof: (i) Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) Being used by a provider of wire or electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his or her duties; or (B) A hearing aid or similar device being used to correct subnormal hearing to not better than normal; 806 16-11-60 (C) Focusing, lighting, or illuminating equipment, optical magnifying equipment; and (D) A ‘‘pen register’’ or ‘‘trap and trace device’’ as defined in this Code section. (2) ‘‘Pen register’’ means a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted; provided, however, that such information shall not include the contents of any communication; but such term does not include any device or process 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 such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course its business. (3) ‘‘Private place’’ means a place where there is a reasonable expectation of privacy. (4) ‘‘Trap and trace device’’ means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication; provided, however, that such information shall not include the contents of any communication. (Ga. L. 1967, p. 844, § 1; Code 1933, § 26-3009, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1995, p. 1051, § 2; Ga. L. 2000, p. 875, § 1; Ga. L. 2002, p. 1432, § 2; Ga. L. 2015, p. 1046, § 1/SB 94.) Editor’s notes. — Ga. L. 2000, p. 875, § 3, not codified by the General Assembly, provides that: ‘‘This Act shall become effective July 1, 2000, and shall apply with respect to offenses committed on or after that effective date. This Act shall not affect or abate the status as a crime of any offense committed prior to that effective date, nor shall the prosecution of such crime be abated as a result of this Act.’’ Ga. L. 2002, p. 1432, § 1, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as ‘Georgia’s Support of the War on Terrorism Act of 2002’.’’