Skip to content

TCA 40-6-303

Definitions

FELONYFelony

What does this charge mean?

This statute defines key terms used in Tennessee's wiretapping and electronic surveillance laws, including 'wire communication,' 'electronic communication,' and 'intercept.'

Penalty Details

ClassificationFelony
Penalty SummaryFelony
As used in this part and §§ 39-13-601 – 39-13-603, unless the context otherwise requires: (1) “Actual damages” means damages given as compensation; damages given as an equivalent for the injury done; damages in satisfaction of, or in recompense for, loss or injury sustained; those damages awarded to a person as compensation, indemnity, or restitution for harm sustained by the person; Ask a legal question, get an answer ASAP!(A) Any wire or oral communication. See Tennessee Code 40-6-303Electronic communications service: means any service which provides to users of the service the ability to send or receive wire or electronic communications. See Tennessee Code 40-6-303Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Tennessee Code 40-6-303Investigative or law enforcement officer: means : (A) In all counties having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census:(i) Any officer of the state or a political subdivision of the state, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in §. See Tennessee Code 40-6-303Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation, but "oral communication" does not include any electronic communication. See Tennessee Code 40-6-303Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Wire communication: means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged as a provider of wire or electronic communications service in providing or operating those facilities for the transmission of communications. See Tennessee Code 40-6-303(2) “Aggrieved person” means a person who was a party to an intercepted wire, oral or electronic communication, or a person against whom the interception was directed; (3) “Attorney general and reporter” means the attorney general and reporter of Tennessee; (4) “Contents,” when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of that communication; (5) “Court of record” means any circuit or criminal court in the state of Tennessee; (6) “District attorney general” means the district attorney general of any judicial district where jurisdiction exists to prosecute an offense that is grounds for an intercept order under § 40-6-305, or the judicial district where the interception of communications is to occur; (7) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by the aid of wire, radio, electromagnetic, photooptical or photoelectronic facilities, but does not include: (A) Any wire or oral communication; (B) Any communication made through a tone-only paging device; or (C) Any communication from a “tracking device” as defined in 18 U.S.C. § 3117; (8) “Electronic communications service” means any service which provides to users of the service the ability to send or receive wire or electronic communications; (9) “Electronic, mechanical, or other device” means any device or 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 service in the ordinary course of business and being used by the subs
View on official sourceLast verified: Feb 25, 2026

Quick Facts

FELONY
TCA Section40-6-303