Title 21 § 1214 

 s 1214. Radio sets capable of receiving on police frequencies--Unlawful uses--Penalty

   It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes or while in the commission of a crime and not otherwise and any person violating the provisions hereof shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the penitentiary for not more than three (3) years, or fined by not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.

 Comment:

             This statute makes the use of radio monitoring for illegal purposes a crime.  In Davenport v. State, 510 P.2d 988 (1973), the Court ruled that this statute was violated where a Realistic Pro-8 scanner was found operating on a table at the defendant's house and marijuana was also found in the house.  The Court said that the mere fact that the radio was on at the time was enough to charge the defendant with operating a radio, for the purpose of this statute, and that term did not require constant manual control of the radio.  This statute originally limited the mere possession of radios capable of receiving police frequencies, but was rewritten to its present form in 1970.