                                 CODE OF VIRGINIA

FRAUDULENT PROCUREMENT, SALE, OR RECEIPT OF TELEPHONE RECORDS (§ 18.2-152.17)

A. Whoever (i) knowingly procures, attempts to procure, solicits, or conspires
with another to procure a telephone record by fraudulent means; (ii) knowingly
sells, or attempts to sell, a telephone record without the authorization of the
customer to whom the record pertains; or (iii) receives a telephone record
knowing that such record has been obtained by fraudulent means is guilty of a
Class 1 misdemeanor.

B. As used in this section:
			&#8220;Procure&#8221; in regard to such a telephone record means to obtain by
any means, whether electronically, in writing, or in oral form, with or without
consideration.
			&#8220;Telecommunications carrier&#8221; means any person that provides
commercial telephone services to a customer, irrespective of the communications
technology used to provide such service, including, but not limited to,
traditional wireline or cable telephone service; cellular, broadband PCS, or
other wireless telephone service; microwave, satellite, or other terrestrial
telephone service; and voice over Internet telephone service.
			&#8220;Telephone record&#8221; means information retained by a
telecommunications carrier that relates to the telephone number dialed by the
customer or the incoming number of a call directed to a customer, or other data
related to such calls typically contained on a customer telephone bill such as
the time the call started and ended, the duration of the call, the time of day
the call was made, and any charges applied. For purposes of this section, any
information collected and retained by customers utilizing Caller I.D., or other
similar technology, does not constitute a telephone record.

C. Nothing in this section shall be construed to prevent any action by a
law-enforcement agency, or any officer or employee of such agency, from
obtaining telephone records in connection with the performance of the official
duties of the agency.

D. Nothing in this section shall be construed to prohibit a telecommunications
carrier from obtaining, using, disclosing, or permitting access to any telephone
record, either directly or indirectly through its agents (i) in compliance with
a subpoena or subpoena duces tecum or as otherwise authorized by law; (ii) with
the lawful consent of the customer or subscriber; (iii) as may be necessarily
incident to the rendition of the service or to the protection of the rights or
property of the provider of that service, or to protect users of those services
and other carriers from fraudulent, abusive, or unlawful use of, subscription
to, such services; (iv) to a governmental entity, if the telecommunications
carrier reasonably believes that an emergency involving immediate danger of
death or serious physical injury to any person justifies disclosure of the
information; or (v) to the National Center for Missing and Exploited Children,
in connection with a report submitted thereto under the Victims of Child Abuse
Act of 1990.

E. Venue for the trial of any person charged with an offense under this section
may be in the locality in which:

   1. Any act was performed in furtherance of any course of conduct in violation
   of this section;

   2. The accused has his principal place of business in the Commonwealth;

   3. Any accused had control or possession of any proceeds of the violation or
   of any books, records, documents, property, financial instrument, telephone
   record, or other material or objects that were used in furtherance of the
   violation;

   4. From which, to which, or through which any access to a telecommunication
   carrier was made whether by wires, electromagnetic waves, microwaves, optics
   or any other means of communication; or

   5. The accused resides, or resided at the time of the offense.

HISTORY: 2006, c. 469.