§ 5708. Order authorizing interception of wire, electronic or oral communications
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: December 24, 2018
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article F. Offenses Against Public Order and Decency
Chapter 57. Wiretapping and Electronic Surveillance (Refs & Annos)
Subchapter B. Wire, Electronic or Oral Communication (Refs & Annos)
Effective: December 24, 2018
18 Pa.C.S.A. § 5708
§ 5708. Order authorizing interception of wire, electronic or oral communications
The Attorney General, or, during the absence or incapacity of the Attorney General, a deputy attorney general designated in writing by the Attorney General, or the district attorney or, during the absence or incapacity of the district attorney, an assistant district attorney designated in writing by the district attorney of the county wherein the suspected criminal activity has been, is or is about to occur, may make written application to any Superior Court judge for an order authorizing the interception of a wire, electronic or oral communication by the investigative or law enforcement officers or agency having responsibility for an investigation involving suspected criminal activities when such interception may provide evidence of the commission of any of the following offenses, or may provide evidence aiding in the apprehension of the perpetrator or perpetrators of any of the following offenses:
Section 911 (relating to corrupt organizations)
Section 2501 (relating to criminal homicide)
Section 2502 (relating to murder)
Section 2503 (relating to voluntary manslaughter)
Section 2702 (relating to aggravated assault)
Section 2706 (relating to terroristic threats)
Section 2709.1 (relating to stalking)
Section 2716 (relating to weapons of mass destruction)
Section 2901 (relating to kidnapping)
Section 3011 (relating to trafficking in individuals)
Section 3012 (relating to involuntary servitude)
Section 3121 (relating to rape)
Section 3123 (relating to involuntary deviate sexual intercourse)
Section 3124.1 (relating to sexual assault)
Section 3125 (relating to aggravated indecent assault)
Section 3301 (relating to arson and related offenses)
Section 3302 (relating to causing or risking catastrophe)
Section 3502 (relating to burglary)
Section 3701 (relating to robbery)
Section 3921 (relating to theft by unlawful taking or disposition)
Section 3922 (relating to theft by deception)
Section 3923 (relating to theft by extortion)
Section 4701 (relating to bribery in official and political matters)
Section 4702 (relating to threats and other improper influence in official and political matters)
Section 5512 (relating to lotteries, etc.)
Section 5513 (relating to gambling devices, gambling, etc.)
Section 5514 (relating to pool selling and bookmaking)
Section 5516 (relating to facsimile weapons of mass destruction)
Section 6318 (relating to unlawful contact with minor)
Section 910 (relating to manufacture, distribution or possession of devices for theft of telecommunications services)
Section 2709(a)(4), (5), (6) or (7) (relating to harassment)
Section 3925 (relating to receiving stolen property)
Section 3926 (relating to theft of services)
Section 3927 (relating to theft by failure to make required disposition of funds received)
Section 3933 (relating to unlawful use of computer)
Section 4108 (relating to commercial bribery and breach of duty to act disinterestedly)
Section 4109 (relating to rigging publicly exhibited contest)
Section 4117 (relating to insurance fraud)
Section 4305 (relating to dealing in infant children)
Section 4902 (relating to perjury)
Section 4909 (relating to witness or informant taking bribe)
Section 4911 (relating to tampering with public records or information)
Section 4952 (relating to intimidation of witnesses or victims)
Section 4953 (relating to retaliation against witness or victim)
Section 5101 (relating to obstructing administration of law or other governmental function)
Section 5111 (relating to dealing in proceeds of unlawful activities)
Section 5121 (relating to escape)
Section 5902 (relating to prostitution and related offenses)
Section 5903 (relating to obscene and other sexual materials and performances)
Section 7313 (relating to buying or exchanging Federal Supplemental Nutrition Assistance Program (SNAP) benefit coupons, stamps, authorization cards or access devices)
(3) Under the act of March 4, 1971 (P.L. 6, No. 2),1 known as the Tax Reform Code of 1971, where such offense is dangerous to life, limb or property and punishable by imprisonment for more than one year:
Section 1272 (relating to sales of unstamped cigarettes)
Section 1273 (relating to possession of unstamped cigarettes)
Section 1274 (relating to counterfeiting)
(4) Any offense set forth under section 13(a) of the act of April 14, 1972 (P.L. 233, No. 64),2 known as The Controlled Substance, Drug, Device and Cosmetic Act, not including the offense described in clause (31) of section 13(a).
(5) Any offense set forth under the act of November 15, 1972 (P.L. 1227, No. 272).3
Credits
1978, Oct. 4, P.L. 831, No. 164, § 2, effective in 60 days. Amended 1983, Dec. 2, P.L. 248, No. 67, § 2, imd. effective; 1988, Oct. 21, P.L. 1000, No. 115, § 5, imd. effective; 1990, Feb. 2, P.L. 4, No. 3, § 1, imd. effective; 1998, Feb. 18, P.L. 102, No. 19, § 7, imd. effective; 1998, Dec. 21, P.L. 1086, No. 145, § 1, effective in 60 days; 2002, June 28, P.L. 481, No. 82, § 5, effective in 60 days; 2002, Nov. 20, P.L. 1104, No. 134, § 1, effective in 60 days; 2002, Dec. 9, P.L. 1350, No. 162, § 4, effective in 60 days; 2002, Dec. 9, P.L. 1759, No. 218, § 5, effective in 60 days; 2006, Nov. 9, P.L. 1340, No. 139, § 3, effective in 60 days [Jan. 8, 2007]; 2014, July 2, P.L. 945, No. 105, § 4, effective in 60 days [Sept. 2, 2014]; 2018, Oct. 24, P.L. 1159, No. 160, § 1, effective in 60 days [Dec. 24, 2018].
Footnotes
72 P.S. § 7101 et seq.
35 P.S. § 780-113(a).
18 P.S. § 3923 (repealed); see now, 18 Pa.C.S.A. § 911.
18 Pa.C.S.A. § 5708, PA ST 18 Pa.C.S.A. § 5708
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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