Except as otherwise specifically provided in section 5706 (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices), a person is guilty of a felony of the third degree if he does any of the following:
(1) Intentionally possesses an 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 a wire, electronic or oral communication.
(2) Intentionally sells, transfers or distributes an 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 a wire, electronic or oral communication.
(3) Intentionally manufactures or assembles an 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 a wire, electronic or oral communication.
(4) Intentionally places in any newspaper, magazine, handbill, or other publication any advertisement of an 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 a wire, electronic or oral communication or of an electronic, mechanical or other device where such advertisement promotes the use of such device for the purpose of the surreptitious interception of a wire, electronic or oral communication.
(5) Intentionally possesses a telecommunication identification interception device.
(Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Oct. 25, 2012, P.L.1634, No.202, eff. 60 days)
2012 Amendment. Act 202 amended the section heading and added par. (5).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
Section 5701 - Short title of chapter
Section 5703 - Interception, disclosure or use of wire, electronic or oral communications
Section 5704 - Exceptions to prohibition of interception and disclosure of communications
Section 5707 - Seizure and forfeiture of electronic, mechanical or other devices
Section 5708 - Order authorizing interception of wire, electronic or oral communications
Section 5709 - Application for order
Section 5710 - Grounds for entry of order
Section 5711 - Privileged communications
Section 5712 - Issuance of order and effect
Section 5712.1 - Target-specific orders
Section 5713 - Emergency situations
Section 5713.1 - Emergency hostage and barricade situations
Section 5714 - Recording of intercepted communications
Section 5715 - Sealing of applications, orders and supporting papers
Section 5716 - Service of inventory and inspection of intercepted communications
Section 5718 - Interception of communications relating to other offenses
Section 5719 - Unlawful use or disclosure of existence of order concerning intercepted communication
Section 5722 - Report by issuing or denying judge
Section 5723 - Annual reports and records of Attorney General and district attorneys
Section 5726 - Action for removal from office or employment
Section 5727 - Expiration (Repealed)
Section 5728 - Injunction against illegal interception
Section 5741 - Unlawful access to stored communications
Section 5742 - Disclosure of contents and records
Section 5743 - Requirements for governmental access
Section 5743.1 - Administrative subpoena
Section 5744 - Backup preservation
Section 5746 - Cost reimbursement
Section 5748 - Exclusivity of remedies
Section 5749 - Retention of certain records
Section 5761 - Mobile tracking devices
Section 5771 - General prohibition on use of certain devices and exception
Section 5772 - Application for an order for use of certain devices
Section 5773 - Issuance of an order for use of certain devices
Section 5774 - Assistance in installation and use of certain devices
Section 5775 - Reports concerning certain devices