18 U.S.C. § 2513: Confiscation of wire, oral…

Summary

If a device is used, made, sent, carried, sold, or advertised in ways that break the rules against intercepting phone calls, conversations, or electronic messages, the United States can take it and keep it. The same kinds of customs rules in title 19 about seizing, selling, and handling ships, vehicles, goods, and baggage apply to these device seizures when they fit and do not conflict. Duties that customs officers would normally do for such seizures will be done by officers or agents the Attorney General chooses.

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