☰ Revisor of Missouri

Title XXXVII CRIMINAL PROCEDURE

Chapter 542

Effective - 28 Aug 2002 bottom

  542.418.  Use of contents of wiretap in civil action, limitations on — illegal wiretap, cause of action, damages, attorney fees and costs — good faith reliance on court order a prima facie defense. — 1.  The contents of any wire communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any civil or administrative proceeding, except in civil actions brought pursuant to this section.

  2.  Any person whose wire communication is intercepted, disclosed, or used in violation of sections 542.400 to 542.422 shall:

  (1)  Have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use such communications; and

  (2)  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 a day for each day of violation or ten thousand dollars whichever is greater;

  (b)  Punitive damages on a showing of a willful or intentional violation of sections 542.400 to 542.422; and

  (c)  A reasonable attorney's fee and other litigation costs reasonably incurred.

  3.  A good faith reliance on a court order or on the provisions of section 542.408 shall constitute a prima facie defense to any civil or criminal action brought under sections 542.400 to 542.422.

  4.  Nothing contained in this section shall limit any cause of action available prior to August 28, 1989.

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(L. 1989 H.B. 277, et al. § 10, A.L. 2002 S.B. 712)

(1998) Communications between a cellular phone and a regular wire phone are wire communications within the purview of the wiretap law.  Lee v. Lee, 967 S.W.2d 82 (Mo.App. W.D.).

(1999) Section applies only to exclude evidence obtained pursuant to an authorized wiretap.  Phillips v. American Motorist Insurance Co., 996 S.W.2d 584 (Mo.App.W.D.).


---- end of effective   28 Aug 2002 ----

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