(A) Definition pertaining to eavesdropping. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
EAVESDROPPING. To overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one party thereto by means of any electronic, mechanical or other device.
(KRS 526.010)
(B) General provisions pertaining to eavesdropping.
(1) A person is not guilty under this section when he or she:
(a) Inadvertently overhears the communication through a regularly installed telephone party line or on a telephone extension but does not divulge it; or
(b) Is an employee of a communications common carrier who, while acting in the course of his or her employment, intercepts, discloses or uses a communication transmitted through the facilities of his or her employer for a purpose which is a necessary incident to the rendition of the service or to be the protection of the rights of the property of the carrier of such communication; provided however that communications common carriers shall not utilize service observing or ransom monitoring except for mechanical or service quality control checks transmitted through the facilities of his or her employer but does not divulge it.
(KRS 526.070)
(2) Any electronic, mechanical or other device designed or commonly used for eavesdropping which is possessed or used in violation of this section, is forfeited to the state and shall be disposed of in accordance with KRS 500.090.
(KRS 526.080)
(C) Possession of an eavesdropping device.
(1) A person is guilty of possession of an eavesdropping device when he or she possesses any electronic, mechanical or other device designed or commonly used for eavesdropping with intent to use that device to eavesdrop or knowing that another intends to use that device to eavesdrop.
(2) Possession of an eavesdropping device is a Class A misdemeanor.
(KRS 5 26.040)
(D) Tampering with private communications.
(1) A person is guilty of tampering with private communications when knowing that he or she does not have to consent of the sender or receiver, he or she unlawfully:
(a) Opens or reads a sealed letter or other sealed private communication; or
(b) Obtains in any manner from an employee, officer or representative of a communications common carrier information with respect to the contents or nature of a communication.
(2) The provisions of this section do not apply to the censoring of sealed letters or sealed communications for security purposes in official detention or penal facilities.
(3) Tampering with private communications is a Class A misdemeanor.
(KRS 526.030)
(E) Divulging illegally obtained information.
(1) A person is guilty of divulging illegally obtained information when he or she knowingly uses or divulges information contained through eavesdropping or tampering with private communications or learned in the course of employment with a communications common carrier engaged in transmitting the message.
(2) Divulging illegally obtained information is a Class A misdemeanor.
(KRS 526.060)
(1980 Code, § 1020.12)