Thursday, February 16, 2023

Possible New Exception to the All Party Consent Wiretap Law

Maryland is currently considering Senate Bill 749, permitting a person to intercept wire, oral, or electronic communication under certain circumstances. The bill was introduced on February 6, 2023, and has been assigned to the Judicial Proceedings Committee. If passed, the bill would amend the existing law prohibiting the interception of any communication without the consent of the parties involved.

Currently, Maryland law states that any person who willfully intercepts or discloses wire, oral, or electronic communication without the consent of the parties involved is guilty of a felony and is subject to imprisonment for up to five years or a fine of up to $10,000 or both. However, Senate Bill 749 would provide an exception to this law, allowing a person to intercept communication without the consent of the parties involved if the person reasonably believes they are in imminent danger of becoming a victim of certain crimes.

The proposed amendment to the law would allow a person to intercept communication if they reasonably believe they are in imminent danger of becoming the victim of a crime of violence, stalking, abuse, or a violation of a protective order. more