5708 - Order authorizing interception of wire, electronic or oral communications.
§ 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: (1) Under this title: 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 3002 (relating to trafficking of persons) 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) (2) Under this title, where such offense is dangerous to life, limb or property and punishable by imprisonment for more than one year: 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 food order coupons, stamps, authorization cards or access devices) (3) Under the act of March 4, 1971 (P.L.6, No.2), 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), 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). (6) Any conspiracy to commit any of the offenses set forth in this section. (7) Under the act of November 24, 1998 (P.L.874, No.110), known as the Motor Vehicle Chop Shop and Illegally Obtained and Altered Property Act. (Dec. 2, 1983, P.L.248, No.67, eff. imd.; Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 2, 1990, P.L.4, No.3, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff. imd.; Dec. 21, 1998, P.L.1086, No.145, eff. 60 days; June 28, 2002, P.L.481, No.82, eff. 60 days; Nov. 20, 2002, P.L.1104, No.134, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days; Nov. 9, 2006, P.L.1340, No.139, eff. 60 days) 2006 Amendment. Act 139 amended par. (1). 2002 Amendments. Act 82 amended par. (1), Act 134 amended par. (1), Act 162 amended the entire section and Act 218 amended pars. (1) and (2). Act 162 overlooked the amendment by Act 134 and Act 218 overlooked the amendments by Acts 134 and 162, but the amendments do not conflict in substance and have been given effect in setting forth the text of section 5708. Effective Date. After January 20, 2003, and before February 7, 2003, section 5708 will reflect only the amendment by Act 134, as follows: § 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 interception is to be made, 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: (1) Under this title: 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(b) (relating to harassment and stalking) Section 2716 (relating to weapons of mass destruction) Section 2901 (relating to kidnapping) 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) (2) Under this title, where such offense is dangerous to life, limb or property and punishable by imprisonment for more than one year: Section 910 (relating to manufacture, distribution or possession of devices for theft of telecommunications services) 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 5504 (relating to harassment by communication or address) 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 food order coupons, stamps, authorization cards or access devices) (3) Under the act of March 4, 1971 (P.L.6, No.2), 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), 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). (6) Any conspiracy to commit any of the offenses set forth in this section. (7) Under the act of November 24, 1998 (P.L.874, No.110), known as the Motor Vehicle Chop Shop and Illegally Obtained and Altered Property Act. References in Text. The act of November 15, 1972 (P.L.1227, No.272), referred to in this section, amended the act of December 8, 1970 (P.L.874, No.276), known as The Pennsylvania Corrupt Organizations Act of 1970, which was repealed by the act of December 6, 1972 (P.L.1482, No.334). The subject matter is now contained in section 911 of Title 18. Section 3933, referred to in this section, is repealed. Section 5504, referred to in this section, is repealed. Cross References. Section 5708 is referred to in sections 5704, 5710, 5713, 5742 of this title.