§2513 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If an electronic, mechanical, or other device is made, sold, carried, used, or advertised in a way that breaks sections 2511 or 2512, the U.S. government can seize it and keep it. The same rules in Title 19 about seizing and forfeiting ships, vehicles, goods, and baggage apply to these devices when they fit and do not conflict. That covers seizure and court forfeiture, what happens to the items or sale money, reducing or canceling forfeitures, settling claims, and paying informants. Duties normally done by a customs collector will instead be done by officers or agents the Attorney General names.

Title 18, §2513

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of section 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 condemnation of vessels, vehicles, merchandise, and baggage for violations of the customs laws contained in title 19 of the United States Code, (2) the disposition of such vessels, vehicles, merchandise, 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 seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, 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, merchandise, and baggage under the provisions of the customs laws contained in title 19 of the United States Code shall be performed with respect to seizure and forfeiture of electronic, mechanical, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Pub. L. 99–508 substituted “wire, oral, or electronic” for “wire or oral” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment 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