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U.S. Code as of:
01/19/04
Section 2516. Authorization for interception of wire, oral, or electronic communications
(1) The Attorney General, Deputy Attorney General, Associate
Attorney General,(!1) or any Assistant Attorney General, any acting
Assistant Attorney General, or any Deputy Assistant Attorney
General or acting Deputy Assistant Attorney General in the Criminal
Division specially designated by the Attorney General, may
authorize an application to a Federal judge of competent
jurisdiction for, and such judge may grant in conformity with
section 2518 of this chapter an order authorizing or approving the
interception of wire or oral communications by the Federal Bureau
of Investigation, or a Federal agency 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 -
(a) any offense punishable by death or by imprisonment for more
than one year under sections 2274 through 2277 of title 42 of the
United States Code (relating to the enforcement of the Atomic
Energy Act of 1954), section 2284 of title 42 of the United
States Code (relating to sabotage of nuclear facilities or fuel),
or under the following chapters of this title: chapter 37
(relating to espionage), chapter 55 (relating to kidnapping),
chapter 90 (relating to protection of trade secrets), chapter 105
(relating to sabotage), chapter 115 (relating to treason),
chapter 102 (relating to riots), chapter 65 (relating to
malicious mischief), chapter 111 (relating to destruction of
vessels), or chapter 81 (relating to piracy);
(b) a violation of section 186 or section 501(c) of title 29,
United States Code (dealing with restrictions on payments and
loans to labor organizations), or any offense which involves
murder, kidnapping, robbery, or extortion, and which is
punishable under this title;
(c) any offense which is punishable under the following
sections of this title: section 201 (bribery of public officials
and witnesses), section 215 (relating to bribery of bank
officials), section 224 (bribery in sporting contests),
subsection (d), (e), (f), (g), (h), or (i) of section 844
(unlawful use of explosives), section 1032 (relating to
concealment of assets), section 1084 (transmission of wagering
information), section 751 (relating to escape), section 1014
(relating to loans and credit applications generally; renewals
and discounts), sections 1503, 1512, and 1513 (influencing or
injuring an officer, juror, or witness generally), section 1510
(obstruction of criminal investigations), section 1511
(obstruction of State or local law enforcement), section 1591
(sex trafficking of children by force, fraud, or coercion),
section 1751 (Presidential and Presidential staff assassination,
kidnapping, and assault), section 1951 (interference with
commerce by threats or violence), section 1952 (interstate and
foreign travel or transportation in aid of racketeering
enterprises), section 1958 (relating to use of interstate
commerce facilities in the commission of murder for hire),
section 1959 (relating to violent crimes in aid of racketeering
activity), section 1954 (offer, acceptance, or solicitation to
influence operations of employee benefit plan), section 1955
(prohibition of business enterprises of gambling), section 1956
(laundering of monetary instruments), section 1957 (relating to
engaging in monetary transactions in property derived from
specified unlawful activity), section 659 (theft from interstate
shipment), section 664 (embezzlement from pension and welfare
funds), section 1343 (fraud by wire, radio, or television),
section 1344 (relating to bank fraud), sections 2251 and 2252
(sexual exploitation of children), 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),
sections 2312, 2313, 2314, and 2315 (interstate transportation of
stolen property), section 2321 (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),
section 38 (relating to aircraft parts fraud), section 1963
(violations with respect to racketeer influenced and corrupt
organizations), section 115 (relating to threatening or
retaliating against a Federal official), section 1341 (relating
to mail fraud), a felony violation of section 1030 (relating to
computer fraud and abuse), section 351 (violations with respect
to congressional, Cabinet, or Supreme Court assassinations,
kidnapping, and assault), section 831 (relating to prohibited
transactions involving nuclear materials), section 33 (relating
to destruction of motor vehicles or motor vehicle facilities),
section 175 (relating to biological weapons), 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);
(d) any offense involving counterfeiting punishable under
section 471, 472, or 473 of this title;
(e) any offense involving fraud connected with a case under
title 11 or the manufacture, importation, receiving, concealment,
buying, selling, or otherwise dealing in narcotic drugs,
marihuana, or other dangerous drugs, punishable under any law of
the United States;
(f) any offense including extortionate credit transactions
under sections 892, 893, or 894 of this title;
(g) a violation of section 5322 of title 31, United States Code
(dealing with the reporting of currency transactions);
(h) any felony violation of sections 2511 and 2512 (relating to
interception and disclosure of certain communications and to
certain intercepting devices) of this title;
(i) any felony violation of chapter 71 (relating to obscenity)
of this title;
(j) any violation of section 60123(b) (relating to destruction
of a natural gas pipeline) or section 46502 (relating to aircraft
piracy) of title 49;
(k) any criminal violation of section 2778 of title 22
(relating to the Arms Export Control Act);
(l) the location of any fugitive from justice from an offense
described in this section;
(m) a violation of section 274, 277, or 278 of the Immigration
and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to
the smuggling of aliens);
(n) any felony violation of sections 922 and 924 of title 18,
United States Code (relating to firearms);
(o) any violation of section 5861 of the Internal Revenue Code
of 1986 (relating to firearms);
(p) a felony violation of section 1028 (relating to production
of false identification documents), section 1542 (relating to
false statements in passport applications), section 1546
(relating to fraud and misuse of visas, permits, and other
documents) 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 (!2)
(q) any criminal violation of section 229 (relating to chemical
weapons); or sections (!3) 2332, 2332a, 2332b, 2332d, 2332f,
2339A, 2339B, or 2339C of this title (relating to terrorism); or
(r) 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.
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