18-6709. RECOVERY OF CIVIL DAMAGES AUTHORIZED. Any person whose wire, electronic or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, uses, or procures any other person to intercept, disclose, or use such communications, and shall be entitled to recover from any such person:
(a) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars ($100) a day for each day of violation or one thousand dollars ($1,000), whichever is higher;
(b) Punitive damages; and
(c) A reasonable attorney’s fee and other litigation costs reasonably incurred.
A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action under the laws of this state.
History:
[18-6709, added 1980, ch. 326, sec. 2, p. 841; am. 2002, ch. 223, sec. 9, p. 643.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 67 - COMMUNICATIONS SECURITY
Section 18-6701 - DEFINITIONS.
Section 18-6702 - INTERCEPTION AND DISCLOSURE OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS PROHIBITED.
Section 18-6704 - CONFISCATION OF WIRE, ELECTRONIC OR ORAL COMMUNICATION INTERCEPTING DEVICES.
Section 18-6706 - AUTHORIZATION FOR INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.
Section 18-6708 - PROCEDURE FOR INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS.
Section 18-6709 - RECOVERY OF CIVIL DAMAGES AUTHORIZED.
Section 18-6711A - FALSE ALARMS — COMPLAINTS — REPORTS — PENALTIES — CIVIL DAMAGES.
Section 18-6712 - PLACE OF OFFENSE.
Section 18-6713 - THEFT OF TELECOMMUNICATION SERVICES.
Section 18-6714 - AIDING THE AVOIDANCE OF TELECOMMUNICATIONS CHARGES.
Section 18-6715 - FORGERY OF TELEGRAPHIC MESSAGES.
Section 18-6716 - OPENING TELEGRAMS.
Section 18-6717 - REFUSAL TO SEND OR DELIVER TELEGRAPH MESSAGE.
Section 18-6718 - OPENING SEALED MAIL OR PACKAGES.
Section 18-6719 - DEFINITIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES.
Section 18-6720 - GENERAL PROHIBITION ON PEN REGISTER AND TRAP AND TRACE DEVICE USE — EXCEPTION.
Section 18-6721 - APPLICATION FOR AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.
Section 18-6722 - ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE.
Section 18-6723 - ASSISTANCE IN INSTALLATION AND USE OF A PEN REGISTER OR A TRAP AND TRACE DEVICE.