18 Pennsylvania Consolidated Statutes Chapter 57 - Wiretapping And Electronic Surveillance
Subchapter A. General Provisions
Subchapter B. Wire, Electronic or Oral Communication
- Section 5703 - Interception, Disclosure Or Use Of Wire, Electronic Or Oral Communications
Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he: (1) intentionally intercepts, endeavors...
- Section 5704 - Exceptions To Prohibition Of Interception And Disclosure Of Communications
It shall not be unlawful and no prior court approval shall be required under this chapter for: (1) An operator of a switchboard, or...
- Section 5705 - Possession, Sale, Distribution, Manufacture Or Advertisement Of Electronic, Mechanical Or Other Devices And Telecommunication Identification Interception Devices
Except as otherwise specifically provided in section 5706 (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or...
- Section 5706 - Exceptions To Prohibitions In Possession, Sale, Distribution, Manufacture Or Advertisement Of Electronic, Mechanical Or Other Devices
(a) Unlawful activities.--It shall not be unlawful under this chapter for: (1) a provider of wire or electronic communication service or an officer, agent...
- Section 5707 - Seizure And Forfeiture Of Electronic, Mechanical Or Other Devices
Any electronic, mechanical or other device possessed, used, sent, distributed, manufactured, or assembled in violation of this chapter is hereby declared to be contraband...
- Section 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,...
- Section 5709 - Application For Order
Each application for an order of authorization to intercept a wire, electronic or oral communication shall be made in writing upon the personal oath...
- Section 5710 - Grounds For Entry Of Order
(a) Application.--Upon consideration of an application, the judge may enter an ex parte order, as requested or as modified, authorizing the interception of wire,...
- Section 5711 - Privileged Communications
No otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.
- Section 5712 - Issuance Of Order And Effect
(a) Authorizing orders.--An order authorizing the interception of any wire, electronic or oral communication shall state the following: (1) The identity of the investigative...
- Section 5712.1 - Target-specific Orders
(a) Target-specific wiretaps.--The requirements of sections 5712(a)(3) (relating to issuance of order and effect) and 5709(3)(iv) and (v) (relating to application for order) shall...
- Section 5713 - Emergency Situations
(a) Application.--Whenever, upon informal application by the Attorney General or a designated deputy attorney general authorized in writing by the Attorney General or a...
- Section 5713.1 - Emergency Hostage And Barricade Situations
(a) Designation.--The Attorney General or a district attorney may designate supervising law enforcement officers for the purpose of authorizing the interception of wire or...
- Section 5714 - Recording Of Intercepted Communications
(a) Recording and monitoring.--Any wire, electronic or oral communication intercepted in accordance with this subchapter shall, if practicable, be recorded by tape or other...
- Section 5715 - Sealing Of Applications, Orders And Supporting Papers
Applications made, final reports, and orders granted pursuant to this subchapter and supporting papers and monitor's records shall be sealed by the court and...
- Section 5716 - Service Of Inventory And Inspection Of Intercepted Communications
(a) Service of inventory.--Within a reasonable time but not later than 90 days after the termination of the period of the order or of...
- Section 5717 - Investigative Disclosure Or Use Of Contents Of Wire, Electronic Or Oral Communications Or Derivative Evidence
(a) Law enforcement personnel.--Any investigative or law enforcement officer who, under subsection (a.1), (b), (b.1) or (c), has obtained knowledge of the contents of...
- Section 5718 - Interception Of Communications Relating To Other Offenses
When an investigative or law enforcement officer, while engaged in court authorized interceptions of wire, electronic or oral communications in the manner authorized herein,...
- Section 5719 - Unlawful Use Or Disclosure Of Existence Of Order Concerning Intercepted Communication
Except as specifically authorized pursuant to this subchapter any person who willfully uses or discloses the existence of an order authorizing interception of a...
- Section 5720 - Service Of Copy Of Order And Application Before Disclosure Of Intercepted Communication In Trial Hearing Or Proceeding
§ 5720. Service of copy of order and application before disclosure of intercepted communication in trial, hearing or proceeding. The contents of any wire,...
- Section 5721 - Suppression Of Contents Of Intercepted Communication Or Derivative Evidence (Repealed)
§ 5721. Suppression of contents of intercepted communication or derivative evidence (Repealed). 1998 Repeal Note. Section 5721 was repealed February 18, 1998, P.L.102, No.19,...
- Section 5721.1 - Evidentiary Disclosure Of Contents Of Intercepted Communication Or Derivative Evidence
(a) Disclosure in evidence generally.-- (1) Except as provided in paragraph (2), no person shall disclose the contents of any wire, electronic or oral...
- Section 5722 - Report By Issuing Or Denying Judge
Within 30 days after the expiration of an order or an extension or renewal thereof entered under this subchapter or the denial of an...
- Section 5723 - Annual Reports And Records Of Attorney General And District Attorneys
(a) Judges.--In addition to reports required to be made by applicants pursuant to Title 18 U.S.C. § 2519, all judges who have issued orders...
- Section 5724 - Training
The Attorney General and the Commissioner of the Pennsylvania State Police shall establish a course of training in the legal and technical aspects of...
- Section 5725 - Civil Action For Unlawful Interception, Disclosure Or Use Of Wire, Electronic Or Oral Communication
(a) Cause of action.--Any person whose wire, electronic or oral communication is intercepted, disclosed or used in violation of this chapter shall have a...
- Section 5726 - Action For Removal From Office Or Employment
(a) Cause of action.--Any aggrieved person shall have the right to bring an action in Commonwealth Court against any investigative or law enforcement officer,...
- Section 5727 - Expiration (Repealed)
§ 5727. Expiration (Repealed). 1988 Repeal Note. Section 5727 was repealed October 21, 1988, P.L.1000, No.115, effective immediately.
- Section 5728 - Injunction Against Illegal Interception
Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony...
Subchapter C. Stored Wire and Electronic Communications and Transactional Records Access
- Section 5741 - Unlawful Access To Stored Communications
(a) Offense.--Except as provided in subsection (c), it is an offense to obtain, alter or prevent authorized access to a wire or electronic communication...
- Section 5742 - Disclosure Of Contents And Records
(a) Prohibitions.--Except as provided in subsection (b) and (c): (1) A person or entity providing an electronic communication service to the public shall not...
- Section 5743 - Requirements For Governmental Access
(a) Contents of communications in electronic storage.--Investigative or law enforcement officers may require the disclosure by a provider of communication service of the contents...
- Section 5743.1 - Administrative Subpoena
(a) Authorization.-- (1) In an ongoing investigation that monitors or utilizes online services or other means of electronic communication to identify individuals engaged in...
- Section 5744 - Backup Preservation
(a) Backup preservation.-- (1) An investigative or law enforcement officer acting under section 5743(b)(2) (relating to requirements for governmental access) may include in its...
- Section 5745 - Delayed Notice
(a) Delay of notification.-- (1) An investigative or law enforcement officer acting under section 5743(b) (relating to requirements for governmental access) may: (i) where...
- Section 5746 - Cost Reimbursement
(a) Payment.--Except as otherwise provided in subsection (c), an investigative or law enforcement officer obtaining the contents of communications, records or other information under...
- Section 5747 - Civil Action
(a) Cause of action.--Except as provided in subsection 5743(e) (relating to requirements for governmental access), any provider of electronic communication service, subscriber or customer...
- Section 5748 - Exclusivity Of Remedies
The remedies and sanctions described in this subchapter are the only judicial remedies and sanctions for nonconstitutional violations of this subchapter.
- Section 5749 - Retention Of Certain Records
(a) Retention.--The commander shall maintain all recordings of oral communications intercepted under section 5704(16) (relating to exceptions to prohibition of interception and disclosure of...
Subchapter D. Mobile Tracking Devices
- Section 5761 - Mobile Tracking Devices
(a) Authority to issue.--Orders for the installation and use of mobile tracking devices may be issued by a court of common pleas. (b) Jurisdiction.--Orders...
Subchapter E. Pen Registers, Trap and Trace Devices and Telecommunication Identification Interception
Devices
Subchapter F. Miscellaneous
- Section 5781 - Expiration Of Chapter
This chapter expires December 31, 2018, unless extended by statute. (Dec. 12, 1994, P.L.1248, No.148, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff. imd.;...
- Section 5782 - Regulations
The commissioner of the Pennsylvania State Police, in consultation with the Attorney General, shall promulgate regulations consistent with sections 5704(16) (relating to exceptions to...
Last modified: October 8, 2016