Definitions

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  • As used in this chapter, the following terms shall have the following meanings, unless the context otherwise requires:
    • (a) “Aggrieved person” means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed.

    • (b) “Attorney General” means the Attorney General of the United States Virgin Islands, or any duly authorized Assistant Attorney General, or other duly authorized attorney employed by the Virgin Islands Department of Justice.

    • (c) “Contents”, when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication.

    • (d) “Electronic, mechanical, or other device” means any device or apparatus which can be used to intercept a wire or oral communication other than:

      • (1) Any telephone or telegraph instrument, equipment, or facility, or other component thereof, furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties;

      • (2) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

    • (e) “Intercept” means the aural acquisition of the contents of any wire or oral communication through the use of any electronic, mechanical, or other device.

    • (f) “Investigative or law enforcement officer” means any officer of the Territory who is empowered by law to conduct investigations of, or to make arrests for, offenses and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.

    • (g) “Judge or court of competent jurisdiction” means Judge of the Superior Court of the Virgin Islands or Judge or Magistrate Judge of the United States District Court of the Virgin Islands.

    • (h) “Law enforcement agency” means an agency of the Territory of the United States Virgin Islands if the primary responsibility of the agency is the prevention and detection of crime or the enforcement of the penal or traffic laws of this Territory if such agency's agents and officers are empowered by law to conduct criminal investigations and to make arrests.

    • (i) “Oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation and does not mean any public oral communication uttered at a public meeting.

    • (j) “Person” means any employee or agent of the Territory or political subdivision thereof, and any individual, partnership, association, joint stock company, trust or corporation.

    • (k) “United States Attorney” means the United States Attorney for the Virgin Islands or any Assistant United States Attorney for the Virgin Islands.

    • (l) “Wire communication” means any oral transfer made in communication 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 in providing or operating such facilities for the transmission of intra-territorial, interstate, or foreign communications for communications affecting the intra-territory, interstate or foreign commerce, and such term does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone headset and the base unit.


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