18 U.S.C. § 2513 — Confiscation of wire, oral, or electronic

Page 637 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2515 1851, 1853; Pub. L. 103–322, title XXXIII, §§ 330016(1)(L), 330022, Sept. 13, 1994, 108 Stat. 2147, 2150; Pub. L. 104–294, title VI, § 604(b)(45), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 105–112, § 2, Nov. 21, 1997, 111 Stat. 2273; Pub. L. 107–296, title XXII, § 2207(f), formerly title II, § 225(f), Nov. 25, 2002, 116 Stat. 2158, renumbered § 2207(f), Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.) Editorial Notes AMENDMENTS 2002—Par. (1)(c). Pub. L. 107–296, in introductory pro- visions, inserted ‘‘or disseminates by electronic means’’ after ‘‘or other publication’’ and, in concluding provi- sions, inserted ‘‘knowing the content of the advertise- ment 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 lan- guage of Pub. L. 103–322, § 330022. See 1994 Amendment note below. 1994—Par. (1). Pub. L. 103–322, § 330016(1)(L), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in concluding provisions. Par. (2). Pub. L. 103–322, § 330022, as amended by Pub. L. 104–294, realigned margins of concluding provisions. 1986—Pub. L. 99–508, § 101(c)(1)(A), substituted ‘‘wire, oral, or electronic’’ for ‘‘wire or oral’’ in section catch- line. Par. (1). Pub. L. 99–508, § 101(c)(1)(A), (f)(2), substituted ‘‘intentionally’’ for ‘‘willfully’’ in introductory provi- sion and ‘‘wire, oral, or electronic’’ for ‘‘wire or oral’’ in subpars. (a), (b), and (c)(i), (ii). Par. (2)(a). Pub. L. 99–508, § 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, § 101(c)(1)(A), substituted ‘‘wire, oral, or electronic’’ for ‘‘wire or oral’’. Statutory Notes and Related Subsidiaries 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, Do- mestic 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. § 2513. Confiscation of wire, oral, or electronic communication intercepting devices Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of sec- tion 2511 or section 2512 of this chapter may be seized and forfeited to the United States. All provisions of law relating to (1) the seizure, summary and judicial forfeiture, and condemna- tion of vessels, vehicles, merchandise, and bag- gage for violations of the customs laws con- tained in title 19 of the United States Code, (2) the disposition of such vessels, vehicles, mer- chandise, and baggage or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeiture, (4) the compromise of claims, and (5) the award of compensation to informers in respect of such forfeitures, shall apply to sei- zures and forfeitures incurred, or alleged to have been incurred, under the provisions of this sec- tion, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, mer- chandise, and baggage under the provisions of the customs laws contained in title 19 of the United States Code shall be performed with re- spect to seizure and forfeiture of electronic, me- chanical, or other intercepting devices under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. (Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 215; amended Pub. L. 99–508, title I, § 101(c)(1)(A), Oct. 21, 1986, 100 Stat. 1851.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–508 substituted ‘‘wire, oral, or elec- tronic’’ for ‘‘wire or oral’’ in section catchline. Statutory Notes and Related Subsidiaries 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. [§ 2514. Repealed. Pub. L. 91–452, title II, § 227(a), Oct. 15, 1970, 84 Stat. 930] Section, Pub. L. 90–351, title II, § 802, June 19, 1968, 82 Stat. 216, provided for immunity of witnesses giving testimony or producing evidence under compulsion in Federal grand jury or court proceedings. Subject mat- ter is covered in sections 6002 and 6003 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Sections 227(a) and 260 of Pub. L. 91–452 provided for repeal of this section effective four years following six- tieth day after date of enactment of Pub. L. 91–452, which was approved Oct. 15, 1970, such repeal not affect- ing any immunity to which any individual was entitled under this section by reason of any testimony or other information given before such date. See section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of this title. § 2515. Prohibition of use as evidence of inter- cepted wire or oral communications Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived there- from may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency,