2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
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.