Section 13A-11-36 Defenses to Prosecutions Under Article.

(a) A person does not commit a crime under this article if: (1) He was a peace officer engaged in the lawful performance of his duties; or (2) He was an officer, employee or agent of a communication common carrier who, while acting in the normal course of his employment, and while engaged in any activity which was a necessary incident to the rendition of his service or to the protection of the rights or property of the carrier of such communication, intercepted, disclosed or used a communication transmitted through the facilities of that carrier; or (3) He relies in good faith on a lawful court order or legislative authorization. (b) The burden of injecting the issue under subsection (a) is on the defendant, but this does not shift the burden of proof.