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us_ham_radio_laws_mobile [2023/10/31 20:16] KD6KPC [Connecticut] |
us_ham_radio_laws_mobile [2023/10/31 20:19] (current) KD6KPC [Indiana] |
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Sec. 12. (a) A person who knowingly or intentionally: | Sec. 12. (a) A person who knowingly or intentionally: | ||
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(1) possesses a police radio; | (1) possesses a police radio; | ||
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(2) transmits over a frequency assigned for police emergency purposes; or | (2) transmits over a frequency assigned for police emergency purposes; or | ||
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(3) possesses or uses a police radio: | (3) possesses or uses a police radio: | ||
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(A) while committing a crime; | (A) while committing a crime; | ||
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(B) to further the commission of a crime; or | (B) to further the commission of a crime; or | ||
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(C) to avoid detection by a law enforcement agency; | (C) to avoid detection by a law enforcement agency; | ||
commits unlawful use of a police radio, a Class B misdemeanor. | commits unlawful use of a police radio, a Class B misdemeanor. | ||
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(b) Subsection (a)(1) and (a)(2) do not apply to: | (b) Subsection (a)(1) and (a)(2) do not apply to: | ||
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(1) a governmental entity; | (1) a governmental entity; | ||
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(2) a regularly employed law enforcement officer; | (2) a regularly employed law enforcement officer; | ||
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(3) a common carrier of persons for hire whose vehicles are used in emergency service; | (3) a common carrier of persons for hire whose vehicles are used in emergency service; | ||
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(4) a public service or utility company whose vehicles are used in emergency service; | (4) a public service or utility company whose vehicles are used in emergency service; | ||
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(5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio; | (5) a person who has written permission from the chief executive officer of a law enforcement agency to possess a police radio; | ||
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(6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes; | (6) a person who holds an amateur radio license issued by the Federal Communications Commission if the person is not transmitting over a frequency assigned for police emergency purposes; | ||
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(7) a person who uses a police radio only in the person' | (7) a person who uses a police radio only in the person' | ||
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(8) a person: | (8) a person: | ||
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(A) who is regularly engaged in newsgathering activities; | (A) who is regularly engaged in newsgathering activities; | ||
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(B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and | (B) who is employed by a newspaper qualified to receive legal advertisements under IC 5-3-1, a wire service, or a licensed commercial or public radio or television station; and | ||
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(C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer' | (C) whose name is furnished by his employer to the chief executive officer of a law enforcement agency in the county in which the employer' | ||
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(9) a person engaged in the business of manufacturing or selling police radios; or | (9) a person engaged in the business of manufacturing or selling police radios; or | ||
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(10) a person who possesses or uses a police radio during the normal course of the person' | (10) a person who possesses or uses a police radio during the normal course of the person' | ||
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(c) As used in this section, " | (c) As used in this section, " | ||
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(1) can be installed, maintained, or operated in a vehicle; or | (1) can be installed, maintained, or operated in a vehicle; or | ||
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(2) can be operated while it is being carried by an individual. | (2) can be operated while it is being carried by an individual. | ||
The term does not include a radio designed for use only in a dwelling. | The term does not include a radio designed for use only in a dwelling. | ||
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+ | **Opinion: |