CODE OF VIRGINIA

MANUFACTURE, POSSESSION, SALE OR ADVERTISING OF CERTAIN DEVICES UNLAWFUL;
PENALTIES; EXCEPTIONS (§ 19.2-63)

A. Except as otherwise specifically provided in this chapter, any person who
intentionally:

   1.  Manufactures, assembles, possesses, or sells any electronic, mechanical,
   or other device, knowing or having reason to know that the design of such
   device renders it primarily useful for the purpose of the surreptitious
   interception of wire, electronic or oral communications; or

   2.  Places in any newspaper, magazine, handbill, or other publication any
   advertisement of:
               
            

      (a.  Any electronic, mechanical, or other device knowing or having reason to
      know that the design of such device renders it primarily useful for the
      purpose of the surreptitious interception of wire, electronic or oral
      communications, or

      (b.  Any other electronic, mechanical, or other device where such
      advertisement promotes the use of such device for the purpose of the
      surreptitious interception of wire, electronic or oral communications; shall
      be guilty of a Class 6 felony.

B. It shall not be unlawful under this section for:

   1.  A provider of wire or electronic communication service or an officer,
   agent, or employee of, or a person under contract with, such provider in the
   normal course of the provider’s business, or

   2.  An officer, agent, or employee of, or a person under contract with the
   United States, the Commonwealth or a political subdivision thereof, in the
   normal course of the activities of the United States, the Commonwealth, or a
   political subdivision thereof, to manufacture, assemble, possess, or sell any
   electronic, mechanical, or other device knowing or having reason to know that
   the design of such device renders it primarily useful for the purpose of the
   surreptitious interception of wire, electronic or oral communications.

HISTORY: Code 1950, § 19.1-89.3; 1973, c. 442; 1975, c. 495; 1988, c. 889.