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United States Code (Last Updated: May 24, 2014) |
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Title 18. CRIMES AND CRIMINAL PROCEDURE |
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Part I. CRIMES |
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Chapter 119. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS |
§ 2516. Authorization for interception of wire, oral, or electronic communications
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(1) The Attorney General, Deputy Attorney General, Associate Attorney General, of this title or a violation of section 274, 277, or 278 of the Immigration and Nationality Act (relating to the smuggling of aliens); or 5 (q) any criminal violation of section 229 (relating to chemical weapons) or section 2332, 2332a, 2332b, 2332d, 2332f, 2332g, 2332h 2 2339, 2339A, 2339B, 2339C, or 2339D of this title (relating to terrorism); (r) any criminal violation of section 1 (relating to illegal restraints of trade or commerce), 2 (relating to illegal monopolizing of trade or commerce), or 3 (relating to illegal restraints of trade or commerce in territories or the District of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); (s) any violation of section 670 (relating to theft of medical products); or (t) any conspiracy to commit any offense described in any subparagraph of this paragraph. (2) The principal prosecuting attorney of any State, or the principal prosecuting attorney of any political subdivision thereof, if such attorney is authorized by a statute of that State to make application to a State court judge of competent jurisdiction for an order authorizing or approving the interception of wire, oral, or electronic communications, may apply to such judge for, and such judge may grant in conformity with section 2518 of this chapter and with the applicable State statute an order authorizing, or approving the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marihuana or other dangerous drugs, or other crime dangerous to life, limb, or property, and punishable by imprisonment for more than one year, designated in any applicable State statute authorizing such interception, or any conspiracy to commit any of the foregoing offenses. (3) Any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure) may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant, in conformity with section 2518 of this title, an order authorizing or approving the interception of electronic communications by an investigative or law enforcement officer having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of any Federal felony.
References In Text
The Atomic Energy Act of 1954, referred to in par. (1)(a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
The Arms Export Control Act, referred to in par. (1)(k), is Pub. L. 90–269,
Section 5861 of the Internal Revenue Code of 1986, referred to in par. (1)(o), is classified to section 5861 of Title 26, Internal Revenue Code.
The Federal Rules of Criminal Procedure, referred to in par. (3), are set out in the Appendix to this title.
Amendments
2012—Par. (1)(c). Pub. L. 112–127 inserted “, section 555 (relating to construction or use of international border tunnels)” before semicolon at end.
Par. (1)(s), (t). Pub. L. 112–186 added subpar. (s) and redesignated former subpar. (s) as (t).
2006—Par. (1). Pub. L. 109–177, § 506(a)(6), inserted “or National Security Division” after “the Criminal Division” in introductory provisions.
Par. (1)(a). Pub. L. 109–177, § 113(a), inserted “chapter 10 (relating to biological weapons)” after “under the following chapters of this title:”.
Par. (1)(c). Pub. L. 109–177, §§ 110(b)(3)(C), 113(b), struck out “1992 (relating to wrecking trains),” before “a felony violation of section 1028” and inserted “section 37 (relating to violence at international airports), section 43 (relating to animal enterprise terrorism), section 81 (arson within special maritime and territorial jurisdiction),” after “the following sections of this title:”, “section 832 (relating to nuclear and weapons of mass destruction threats), section 842 (relating to explosive materials), section 930 (relating to possession of weapons in Federal facilities),” after “section 751 (relating to escape),”, “section 1114 (relating to officers and employees of the United States), section 1116 (relating to protection of foreign officials),” after “section 1014 (relating to loans and credit applications generally; renewals and discounts),”, “section 1992 (relating to terrorist attacks against mass transportation),” after “section 1344 (relating to bank fraud),”, “section 2340A (relating to torture),” after “section 2321 (relating to trafficking in certain motor vehicles or motor vehicle parts),”, and “section 956 (conspiracy to harm persons or property overseas),” after “section 175c (relating to variola virus)”.
Par. (1)(g). Pub. L. 109–177, § 113(c), inserted “, or section 5324 of title 31, United States Code (relating to structuring transactions to evade reporting requirement prohibited)” before semicolon at end.
Par. (1)(j). Pub. L. 109–177, § 113(d)(2), inserted “, the second sentence of section 46504 (relating to assault on a flight crew with dangerous weapon), or section 46505(b)(3) or (c) (relating to explosive or incendiary devices, or endangerment of human life, by means of weapons on aircraft)” before “of title 49”.
Pub. L. 109–177, § 113(d)(1), which directed amendment of par. (1)(j) by inserting a comma after “section 60123(b) (relating to the destruction of a natural gas pipeline”, was executed by making the insertion after “section 60123(b) (relating to destruction of a natural gas pipeline”, to reflect the probable intent of Congress.
Pub. L. 109–177, § 113(d)(1), struck out “or” before “section 46502 (relating to aircraft piracy)”.
Par. (1)(p). Pub. L. 109–177, § 113(e), inserted “, section 1028A (relating to aggravated identity theft)” after “other documents”.
Par. (1)(q). Pub. L. 109–177, § 113(f), inserted “2339” after “2332h” and substituted “2339C, or 2339D” for “or 2339C”.
Pub. L. 109–162 struck out semicolon after “(relating to chemical weapons)” and substituted “section 2332” for “sections 2332”.
Par. (1)(r), (s). Pub. L. 109–177, § 113(g), added subpar. (r) and redesignated former subpar. (r) as (s).
2004—Par. (1)(a). Pub. L. 108–458, § 6907(1), inserted “2122 and” after “sections”.
Par. (1)(c). Pub. L. 108–458, § 6907(2), inserted “section 175c (relating to variola virus),” after “section 175 (relating to biological weapons),”.
Par. (1)(q). Pub. L. 108–458, § 6907(3), inserted “2332g, 2332h,” after “2332f,”.
2003—Par. (1)(a). Pub. L. 108–21, § 201(1), inserted “chapter 55 (relating to kidnapping),” after “chapter 37 (relating to espionage),”.
Par. (1)(c). Pub. L. 108–21, § 201(2), inserted “section 1591 (sex trafficking of children by force, fraud, or coercion),” after “section 1511 (obstruction of State or local law enforcement),” and “section 2251A (selling or buying of children), section 2252A (relating to material constituting or containing child pornography), section 1466A (relating to child obscenity), section 2260 (production of sexually explicit depictions of a minor for importation into the United States), sections 2421, 2422, 2423, and 2425 (relating to transportation for illegal sexual activity and related crimes),” after “sections 2251 and 2252 (sexual exploitation of children),”.
2002—Par. (1)(n). Pub. L. 107–273, § 4002(c)(1), repealed Pub. L. 104–294, § 601(d)(2). See 1996 Amendment note below.
Par. (1)(q). Pub. L. 107–273, § 4005(a)(1), realigned margins.
Pub. L. 107–197 inserted “2332f,” after “2332d,” and substituted “2339B, or 2339C” for “or 2339B”.
2001—Par. (1)(c). Pub. L. 107–56, § 202, substituted “section 1341 (relating to mail fraud), a felony violation of section 1030 (relating to computer fraud and abuse),” for “and section 1341 (relating to mail fraud),”.
Par. (1)(p). Pub. L. 107–56, § 201(1), redesignated subpar. (p), relating to conspiracy, as (r).
Par. (1)(q). Pub. L. 107–56, § 201(2), added subpar. (q).
Par. (1)(r). Pub. L. 107–56, § 201(1), redesignated subpar. (p), relating to conspiracy, as (r).
2000—Par. (1)(c). Pub. L. 106–181 inserted “section 38 (relating to aircraft parts fraud),” after “section 32 (relating to destruction of aircraft or aircraft facilities),”.
1998—Par. (1)(a). Pub. L. 105–318 inserted “chapter 90 (relating to protection of trade secrets),” after “chapter 37 (relating to espionage),”.
1996—Par. (1)(c). Pub. L. 104–294, § 102, which directed amendment of par. 1(c) by inserting “chapter 90 (relating to protection of trade secrets),” after “chapter 37 (relating to espionage),”, could not be executed because phrase “chapter 37 (relating to espionage),” did not appear.
Pub. L. 104–208, § 201(1), substituted “section 1992 (relating to wrecking trains), a felony violation of section 1028 (relating to production of false identification documentation), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), section 1541 (relating to passport issuance without authority), section 1542 (relating to false statements in passport applications), section 1543 (relating to forgery or false use of passports), section 1544 (relating to misuse of passports), or section 1546 (relating to fraud and misuse of visas, permits, and other documents)” for “or section 1992 (relating to wrecking trains)” before semicolon at end.
Par. (1)(j). Pub. L. 104–287, § 6(a)(2), amended directory language of Pub. L. 103–272, § 5(e)(11) as amended by Pub. L. 103–429, § 7(a)(4)(A). See 1994 Amendment note below.
Par. (1)(l). Pub. L. 104–208, § 201(2), and Pub. L. 104–294, § 601(d)(1), amended subpar. (l) identically, striking out “or” after semicolon at end.
Par. (1)(m). Pub. L. 104–208, § 201(3), (4), added subpar. (m). Former subpar. (m) redesignated (n).
Par. (1)(n). Pub. L. 104–294, § 601(d)(2), which could not be executed because of prior amendments by Pub. L. 104–132, § 434(1) and Pub. L. 104–208, § 201(3), was repealed by Pub. L. 107–273, § 4002(c)(1). See below.
Pub. L. 104–208, § 201(3), redesignated subpar. (m) as (n). Former subpar. (n) redesignated (o).
Pub. L. 104–132, § 434(1), struck out “and” at end.
Par. (1)(o). Pub. L. 104–208, § 201(3), redesignated subpar. (n) as (o). Former subpar. (o) redesignated (p).
Pub. L. 104–132 added subpar. (o) and redesignated former subpar. (o) as (p).
Par. (1)(p). Pub. L. 104–208, § 201(3), redesignated subpar. (o), relating to felony violation of section 1028, etc., as (p).
Pub. L. 104–132, § 434(2), redesignated subpar. (o), relating to conspiracy, as (p).
1994—Par. (1). Pub. L. 103–414 in introductory provisions inserted “or acting Deputy Assistant Attorney General” after “Deputy Assistant Attorney General”.
Par. (1)(c). Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping” in two places.
Pub. L. 103–322, § 330011(c)(1), amended directory language of Pub. L. 101–298, § 3(b). See 1990 Amendment note below.
Par. (1)(j). Pub. L. 103–322, § 330011(r), amended directory language of Pub. L. 101–647, § 2531(3). See 1990 Amendment note below.
Pub. L. 103–322, § 330011(q)(1), repealed Pub. L. 101–647, § 3568. See 1990 Amendment note below.
Pub. L. 103–272, § 5(e)(11), as amended by Pub. L. 103–429, § 7(a)(4)(A); Pub. L. 104–287, § 6(a)(2), substituted “section 60123(b) (relating to destruction of a natural gas pipeline) or section 46502 (relating to aircraft piracy) of title 49;” for “section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 902 of the Federal Aviation Act of 1958 (relating to aircraft piracy);”.
1990—Par. (1)(c). Pub. L. 101–647, § 2531(1), inserted “section 215 (relating to bribery of bank officials),” before “section 224”, “section 1032 (relating to concealment of assets),” before section 1084, “section 1014 (relating to loans and credit applications generally; renewals and discounts),” before “sections 1503,” and “section 1344 (relating to bank fraud),” before “sections 2251 and 2252” and struck out “the section in chapter 65 relating to destruction of an energy facility,” after “retaliating against a Federal official),”.
Pub. L. 101–298, § 3(b), as amended by Pub. L. 103–322, § 330011(c)(1), inserted “section 175 (relating to biological weapons),” after “section 33 (relating to destruction of motor vehicles or motor vehicle facilities),”.
Par. (1)(j). Pub. L. 101–647, § 3568, which directed amendment of subsec. (j) by substituting “any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or section 902(i) or (n) of the Federal Aviation Act of 1958 (relating to aircraft piracy)” for “any violation of section 1679a(c)(2) (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 1472 (relating to aircraft piracy) of title 49, of the United States Code”, and which was probably intended as an amendment to par. (1)(j), was repealed by Pub. L. 103–322, § 330011(q)(1).
Pub. L. 101–647, § 2531(3), as amended by Pub. L. 103–322, § 330011(r), substituted “any violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 902 of the Federal Aviation Act of 1958 (relating to aircraft piracy)” for “any violation of section 1679a(c)(2) (relating to destruction of a natural gas pipeline) or subsection (i) or (n) of section 1472 (relating to aircraft piracy) of title 49, of the United States Code”.
Par. (1)(m). Pub. L. 101–647, § 2531(2)(A), struck out subpar. (m) relating to conspiracy which read as follows: “any conspiracy to commit any of the foregoing offenses.”
Par. (1)(o). Pub. L. 101–647, § 2531(2)(B)–(D), added subpar. (o).
1988—Par. (1). Pub. L. 100–690, § 7036(a)(1), inserted “or” after “Associate Attorney General,” in introductory provisions.
Par. (1)(a). Pub. L. 100–690, § 7036(c)(1), which directed the amendment of subpar. (a) by substituting “(relating to riots),” for “(relating to riots);” was executed by substituting “(relating to riots),” for “(relating to riots)” as the probable intent of Congress.
Par. (1)(c). Pub. L. 100–690, § 7053(d), which directed the amendment of section 2516(c) by substituting “1958” for “1952A” and “1959” for “1952B” was executed by making the substitutions in par. (1)(c) as the probable intent of Congress.
Pub. L. 100–690, § 7036(b), struck out “section 2252 or 2253 (sexual exploitation of children),” after “wire, radio, or television),” and substituted “section 2321” for “the second section 2320”.
Pub. L. 100–690, § 7036(a)(2), which directed the amendment of par. (1) by striking the comma that follows a comma was executed to subpar. (c) by striking out the second comma after “to mail fraud)”.
Par. (1)(i). Pub. L. 100–690, § 7525, added subpar. (i) and redesignated former subpar. (i) as (j).
Par. (1)(j). Pub. L. 100–690, § 7525, redesignated former subpar. (i) as (j). Former subpar. (j) redesignated (k).
Pub. L. 100–690, § 7036(c)(2), which directed amendment of subpar. (j) by striking “or;” was executed by striking “or” after “Export Control Act);” to reflect the probable intent of Congress.
Par. (1)(k). Pub. L. 100–690, § 7525, redesignated former subpar. (j) as (k). Former subpar. (k) redesignated (l).
Pub. L. 100–690, § 7036(c)(3), struck out “or” at end.
Par. (1)(l). Pub. L. 100–690, § 7525, redesignated former subpar. (k) as (l). Former subpar. (l) redesignated (m).
Par. (1)(m). Pub. L. 100–690, § 7525, redesignated former subpar. (l) relating to conspiracy as (m).
Pub. L. 100–690, § 6461, added subpar. (m) relating to sections 922 and 924.
Par. (1)(n). Pub. L. 100–690, § 6461, added subpar. (n).
1986—Pub. L. 99–508, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral” in section catchline.
Par. (1). Pub. L. 99–508, § 104, substituted “any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General in the Criminal Division” for “or any Assistant Attorney General” in introductory provisions.
Par. (1)(a). Pub. L. 99–508, § 105(a)(5), inserted “section 2284 of title 42 of the United States Code (relating to sabotage of nuclear facilities or fuel),” struck out “or” after “(relating to treason),” and inserted “chapter 65 (relating to malicious mischief), chapter 111 (relating to destruction of vessels), or chapter 81 (relating to piracy)”.
Par. (1)(c). Pub. L. 99–570, which directed the amendment of subpar. (c) by inserting “section 1956 (laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity),” after “section 1955 (prohibition of relating to business enterprises of gambling),” was executed by inserting this phrase after “section 1955 (prohibition of business enterprises of gambling),” as the probable intent of Congress.
Pub. L. 99–508, § 105(a)(1), inserted “section 751 (relating to escape),” “the second section 2320 (relating to trafficking in certain motor vehicles or motor vehicle parts), section 1203 (relating to hostage taking), section 1029 (relating to fraud and related activity in connection with access devices), section 3146 (relating to penalty for failure to appear), section 3521(b)(3) (relating to witness relocation and assistance), section 32 (relating to destruction of aircraft or aircraft facilities),” and “section 1952A (relating to use of interstate commerce facilities in the commission of murder for hire), section 1952B (relating to violent crimes in aid of racketeering activity),” substituted “2312, 2313, 2314,” for “2314”, inserted “, section 115 (relating to threatening or retaliating against a Federal official), the section in chapter 65 relating to destruction of an energy facility, and section 1341 (relating to mail fraud),” substituted “, section 351” for “or section 351”, and inserted “, section 831 (relating to prohibited transactions involving nuclear materials), section 33 (relating to destruction of motor vehicles or motor vehicle facilities), or section 1992 (relating to wrecking trains)”.
Par. (1)(h) to (l). Pub. L. 99–508, § 105(a)(2)–(4), added subpars. (h) to (k) and redesignated former subpar. (h) as (l).
Par. (2). Pub. L. 99–508, § 101(c)(1)(A), substituted “wire, oral, or electronic” for “wire or oral” in two places.
Par. (3). Pub. L. 99–508, § 105(b), added par. (3).
1984—Par. (1). Pub. L. 98–473, § 1203(c)(4), which directed the amendment of the first par. of par. (1) by inserting “Deputy Attorney General, Associate Attorney General,” after “Attorney General.” was executed by making the insertion after the first reference to “Attorney General,” to reflect the probable intent of Congress.
Par. (1)(c). Pub. L. 98–473, § 1203(c)(2), inserted references to sections 1512 and 1513 after “1503”.
Pub. L. 98–473, § 1203(c)(1), inserted “section 1343 (fraud by wire, radio, or television), section 2252 or 2253 (sexual exploitation of children),” after “section 664 (embezzlement from pension and welfare funds),”.
Pub. L. 98–292 inserted “sections 2251 and 2252 (sexual exploitation of children),” after “section 664 (embezzlement from pension and welfare funds),”.
Par. (1)(g), (h). Pub. L. 98–473, § 1203(c)(3), added par. (g) and redesignated former par. (g) as (h).
1982—Par. (1)(c). Pub. L. 97–285 substituted “(Presidential and Presidential staff assassination, kidnaping, and assault)” for “(Presidential assassinations, kidnapping, and assault)” after “section 1751” and substituted “(violations with respect to congressional, Cabinet, or Supreme Court assassinations, kidnaping, and assault)” for “(violations with respect to congressional assassination, kidnapping, and assault)” after “section 351”.
1978—Par. (1)(e). Pub. L. 95–598 substituted “fraud connected with a case under title 11” for “bankruptcy fraud”.
1971—Par. (1)(c). Pub. L. 91–644 inserted reference to section 351 offense (violations with respect to congressional assassination, kidnaping, and assault).
1970—Par. (1)(c). Pub. L. 91–452 inserted reference to sections 844(d), (e), (f), (g), (h), or (i), 1511, 1955, and 1963 of this title.
Effective Date Of Amendment
Pub. L. 107–273, div. B, title IV, § 4002(c)(1),
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after
Pub. L. 104–287, § 6(a),
Pub. L. 103–429, § 7(a),
Pub. L. 103–322, title XXXIII, § 330011(c)(1),
Pub. L. 103–322, title XXXIII, § 330011(q)(1),
Pub. L. 103–322, title XXXIII, § 330011(r),
Amendment by sections 101(c)(1)(A) and 105 of Pub. L. 99–508 effective 90 days after
Amendment by Pub. L. 95–598 effective
Savings
Amendment by section 314 of Pub. L. 95–598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before