32-26-46. Definitions regarding electronic wireless communication devices.
Terms used in §§ 32-26-47 and 32-26-48 mean:
(1) "Electronic wireless communication device," a mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;
(2) "Voice operated or hands free technology," technology that allows a user to write, send, or listen to a text-based communication without the use of either hand except to activate, deactivate, or initiate a feature or function; and
(3) "Write, send, or read a text-based communication," using an electronic wireless communications device to manually communicate with any person using text-based communication including communications referred to as a text message, instant message, or electronic mail.
Source: SL 2014, ch 153, § 2.
Terms used in §§ 32-26-47.1, 32-26-47.2, and 32-26-48 mean:
(1) "Operate," to drive or assume physical control of a motor vehicle upon a highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. The term does not include a motor vehicle that is lawfully parked;
(2) "Mobile electronic device," any hand-held or portable electronic device capable of providing wireless data or voice communication between two or more persons or amusement, including a cellular telephone, broadband personal communication device, two-way messaging device, text messaging device, pager, electronic device that can receive or transmit text or character-based images, access or store data, or connect to the internet, personal digital assistant, laptop computer, computer tablet, stand-alone computer, portable computing device, mobile device with a touchscreen display that is designed to be worn, electronic game, equipment that is capable of playing a video, taking photographs, capturing images, or recording or transmitting video, and any similar device that is readily removable from a vehicle and is used to write, send, or read text or data or capture images or video through manual input. The term does not include a radio designed for the citizens band service or the amateur radio service of the Federal Communications Commission or a commercial two-way radio communications device;
(3) "Social networking site," any web-based service that allows persons to construct a profile within a founded system and communicate with other users of the site.
Source: SL 2014, ch 153, § 2; SL 2020, ch 124, § 1.
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