CRIMINAL LAWAND PROCEDURE
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person other than a sender or receiver of that
communication, without the consent of the sender
or receiver, by means of any instrument, device,
or equipment under this article. This term includes
the intentional recording or acquisition of com-
munication through the use of a computer or a fax
(facsimile transmission) machine. The term does
not include recording or acquiring the contents of
a radio transmission that is not:
(1) scrambled or encrypted;
(2) transmitted using modulation tech-
niques whose essential parameters have
been withheld from the public with the
intention of preserving the privacy of the
communication;
(3) carried on a subcarrier or other signal
subsidiary to a radio transmission;
(4) transmitted over a communication sys-
tem provided by a common carrier, unless
the communication is a tone only paging
system communication; or
(5) transmitted on frequencies allocated
under part 25, subpart D, E, or F of part 74,
or part 94 of the Rules of the Federal
Communications Commission, unless, in
the case of a communication transmitted on
a frequency allocated under part 74 that is
not exclusively allocated to broadcast aux-
iliary services, the communication is a
two-way voice communication by radio.
35-31.5-2-177.7. “Judicial officer” defined.
“Judicial officer”, for purposes of IC 35-42-2-
1 and IC 35-47-16, means an individual who hold
one (1) of the following offices or appointments:
(1) Justice of the supreme court.
(2) Judge of the court of appeals.
(3) Judge of the tax court.
(4) Judge of a circuit court.
(5) Judge of a superior court.
(6) Judge of a probate court.
(7) Judge of a city court.
(8) Judge of a town court.
(9) Judge of a small claims court.
(10)A judge pro tempore, a senior judge,
a temporary judge, or any other individual
serving as judge in an action or a pro-
ceeding in an Indiana court.
(11)Magistrate.
35-31.5-2-179. “Key facility” defined.
“Key facility” means any of the following:
(1) A chemical manufacturing facility.
(2) A refinery.
(3) An electric utility, including:
(A) a power plant;
(B) a power generation facility peaker;
(C) an electric transmission facility;
(D) an electric station or substation;
or
(E) any other facility used to support
the generation, transmission, or distri-
bution of electricity.
However, the term does not include elec-
tric transmission land or right-of-way that
is not completely enclosed, posted, and
maintained by the electric utility.
(4) Awater intake structure or water treat-
ment facility.
(5) A natural gas utility facility, includ-
ing:
(A) an age station;
(B) a compressor station;
(C) an odorization facility;
(D) a main line valve;
(E) a natural gas storage facility; or
(F) any other facility used to support
the acquisition, transmission, distribu-
tion, or storage of natural gas.
However, the term does not include gas
transmission pipeline property that is not
completely enclosed, posted, and main-
tained by the natural gas utility.
(6) Agasoline, propane, liquid natural gas
(LNG), or other fuel terminal or storage
facility.
(7) A transportation facility, including, but
not limited to, a port, railroad switching
yard, or trucking terminal. However, the
term does not include a railroad track that
is not part of a railroad switching yard.
(8) Apulp or paper manufacturing facility.
(9) Apharmaceutical manufacturing facil-
ity.
(10)Ahazardous waste storage, treatment,
or disposal facility.
(11)A telecommunications facility, includ-
ing a central office or cellular telephone
