Although Idaho legislation criminalizes the interception and disclosure of wire or oral communications, it specifically allows interception when one of the parties has given prior consent. Idaho Code § 18-6702. Punishment for the felony of an illegal interception or disclosure can include up to five years in prison and as much as $5,000 in fines. Anyone whose communications are unlawfully intercepted can sue for recovery of actual damages, at $100 a day per day of violation or $1,000 — whichever is more. Punitive damages, litigation costs and attorney fees also can be recovered. Idaho Code § 18-6709.
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