§ 2512. — Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2512]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
Sec. 2512. Manufacture, distribution, possession, and
advertising of wire, oral, or electronic communication
intercepting devices prohibited
(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.
(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.
Section Referred to in Other Sections
This section is referred to in sections 2513, 2516 of this title.
