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CITE

    18 USC Sec. 2512                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 119 - WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
                   INTERCEPTION OF ORAL COMMUNICATIONS

HEAD

    Sec. 2512. Manufacture, distribution, possession, and advertising
      of wire, oral, or electronic communication intercepting devices
      prohibited

STATUTE

      (1) Except as otherwise specifically provided in this chapter,
    any person who intentionally -
        (a) sends through the mail, or sends or carries in interstate
      or foreign commerce, any electronic, mechanical, or other device,
      knowing or having reason to know that the design of such device
      renders it primarily useful for the purpose of the surreptitious
      interception of wire, oral, or electronic communications;
        (b) manufactures, assembles, possesses, or sells any
      electronic, mechanical, or other device, knowing or having reason
      to know that the design of such device renders it primarily
      useful for the purpose of the surreptitious interception of wire,
      oral, or electronic communications, and that such device or any
      component thereof has been or will be sent through the mail or
      transported in interstate or foreign commerce; or
        (c) places in any newspaper, magazine, handbill, or other
      publication or disseminates by electronic means any advertisement
      of -
          (i) any electronic, mechanical, or other device knowing or
        having reason to know that the design of such device renders it
        primarily useful for the purpose of the surreptitious
        interception of wire, oral, or electronic communications; or
          (ii) any other electronic, mechanical, or other device, where
        such advertisement promotes the use of such device for the
        purpose of the surreptitious interception of wire, oral, or
        electronic communications,
      knowing the content of the advertisement and knowing or having
      reason to know that such advertisement will be sent through the
      mail or transported in interstate or foreign commerce,
    shall be fined under this title or imprisoned not more than five
    years, or both.
      (2) It shall not be unlawful under this section for -
        (a) a provider of wire or electronic communication service or
      an officer, agent, or employee of, or a person under contract
      with, such a provider, in the normal course of the business of
      providing that wire or electronic communication service, or
        (b) an officer, agent, or employee of, or a person under
      contract with, the United States, a State, or a political
      subdivision thereof, in the normal course of the activities of
      the United States, a State, or a political subdivision thereof,
    to send through the mail, send or carry in interstate or foreign
    commerce, or manufacture, assemble, possess, or sell any
    electronic, mechanical, or other device knowing or having reason to
    know that the design of such device renders it primarily useful for
    the purpose of the surreptitious interception of wire, oral, or
    electronic communications.
      (3) It shall not be unlawful under this section to advertise for
    sale a device described in subsection (1) of this section if the
    advertisement is mailed, sent, or carried in interstate or foreign
    commerce solely to a domestic provider of wire or electronic
    communication service or to an agency of the United States, a
    State, or a political subdivision thereof which is duly authorized
    to use such device.

SOURCE

    (Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat.
    214; amended Pub. L. 99-508, title I, Sec. 101(c)(1)(A), (7),
    (f)(2), Oct. 21, 1986, 100 Stat. 1851, 1853; Pub. L. 103-322, title
    XXXIII, Secs. 330016(1)(L), 330022, Sept. 13, 1994, 108 Stat. 2147,
    2150; Pub. L. 104-294, title VI, Sec. 604(b)(45), Oct. 11, 1996,
    110 Stat. 3509; Pub. L. 105-112, Sec. 2, Nov. 21, 1997, 111 Stat.
    2273; Pub. L. 107-296, title II, Sec. 225(f), Nov. 25, 2002, 116
    Stat. 2158.)

AMENDMENTS

      2002 - Par. (1)(c). Pub. L. 107-296, in introductory provisions,
    inserted "or disseminates by electronic means" after "or other
    publication" and, in concluding provisions, inserted "knowing the
    content of the advertisement and" before "knowing or having reason
    to know".
      1997 - Par. (3). Pub. L. 105-112 added par. (3).
      1996 - Par. (2). Pub. L. 104-294 amended directory language of
    Pub. L. 103-322, Sec. 330022. See 1994 Amendment note below.
      1994 - Par. (1). Pub. L. 103-322, Sec. 330016(1)(L), substituted
    "fined under this title" for "fined not more than $10,000" in
    concluding provisions.
      Par. (2). Pub. L. 103-322, Sec. 330022, as amended by Pub. L. 104-
    294, realigned margins of concluding provisions.
      1986 - Pub. L. 99-508, Sec. 101(c)(1)(A), substituted "wire,
    oral, or electronic" for "wire or oral" in section catchline.
      Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), (f)(2), substituted
    "intentionally" for "willfully" in introductory provision and
    "wire, oral, or electronic" for "wire or oral" in subpars. (a),
    (b), and (c)(i), (ii).
      Par. (2)(a). Pub. L. 99-508, Sec. 101(c)(7), substituted "a
    provider of wire or electronic communication service or" for "a
    communications common carrier or", "such a provider, in" for "a
    communications common carrier, in", and "business of providing that
    wire or electronic communication service" for "communications
    common carrier's business".
      Par. (2)(b). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted
    "wire, oral, or electronic" for "wire or oral".
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
    section 604(d) of Pub. L. 104-294, set out as a note under section
    13 of this title.
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by Pub. L. 99-508 effective 90 days after Oct. 21,
    1986, and, in case of conduct pursuant to court order or extension,
    applicable only with respect to court orders and extensions made
    after such date, with special rule for State authorizations of
    interceptions, see section 111 of Pub. L. 99-508, set out as a note
    under section 2510 of this title.
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