(1) Except as provided in this section, a person who intentionally intercepts a communication in the course of its transmission by means of a public postal service or a telecommunications network commits an offence, and on conviction on indictment, is liable to a fine not exceeding $20,000 or a term of imprisonment not exceeding 4 years, or to both.
(2) A person does not commit an offence under subsection (1) if—
(a) the communication is intercepted in accordance with an interception direction issued under section 5 or 10 or an entry warrant issued under section 8 or 10;
(b) subject to subsection (3), that person has reasonable grounds for believing that the person to whom or by whom the communication is transmitted consents to the interception;
(c) the communication is stored communication and is acquired in accordance with the provisions of any other law;
(d) the communication is intercepted as an ordinary incident to the provision of public postal services or telecommunications services or to the enforcement of any law in force in Saint Lucia relating to the use of those services;
(e) the interception is of a communication made through a telecommunications network that is so configured as to render the communication readily accessible to the general public; or
(f) the interception is of a communication transmitted by a private telecommunications network and is done by a person who has—
(i) a right to control the operation or use of the private telecommunications network, or
(ii) the express or implied consent of a person referred to in subparagraph (i).
(3) A person does not commit an offence under subsection (1) where—
(a) the communication is one sent by or intended for a person who has consented to the interception; and
(b) the person is an authorised officer who believes that the interception of communication is necessary for the purpose of an emergency, of preventing death or injury or any damage to a person's physical or mental health, or of mitigating any injury or damage to a person's physical or mental health or in the interests of national security.
(4) A court convicting a person of an offence under this section may, in addition to any penalty which it imposes in respect of the offence, order the forfeiture and disposal of any device used to intercept a communication in the commission of the offence.
(5) For the purposes of this section, a communication shall be taken to be in the course of transmission by means of a telecommunications network at any time when the network by means of which the communication is being or has been transmitted is used for storing the communication in a manner that enables the intended recipient to collect it or otherwise have access to it.