Prohibited activities
Defense
It is a defense to a prosecution under paragraph (1) or (2) of subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
Penalty
A person guilty of an offense in this section shall be fined under title 18, imprisoned for not more than 10 years, or both.
Federal jurisdiction
There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.
Pub. L. 95–511, title I, § 10992 Stat. 1796Pub. L. 110–261, title I, § 102(b)122 Stat. 2459Pub. L. 111–259, title VIII, § 801(3)124 Stat. 2746Pub. L. 118–49, § 13(a)138 Stat. 881(, , ; , , ; , , ; , (b), , .)
Editorial Notes
References in Text
Pub. L. 95–51192 Stat. 1783section 1801 of this titleThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning , , , known as the Foreign Intelligence Surveillance Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 118–49, § 13(a)(1)(A)2024—Subsec. (a). , struck out “intentionally” after “if he” in introductory provisions.
Pub. L. 118–49, § 13(a)(1)(B)(ii)Subsec. (a)(1). , which directed the substitution of a semicolon for “; or”, could not be executed because the word “or” did not appear.
Pub. L. 118–49, § 13(a)(1)(B)(i), inserted “intentionally” before “engages in”.
Pub. L. 118–49, § 13(a)(1)(C)(i)Subsec. (a)(2). , which directed the substitution of “intentionally discloses” for “disclose”, was executed by making the substitution for “discloses” to reflect the probable intent of Congress.
Pub. L. 118–49, § 13(a)(1)(C)(ii)Subsec. (a)(3). , (D), added par. (3).
Pub. L. 118–49, § 13(a)(2)Subsec. (b). , substituted “under paragraph (1) or (2) of subsection (a)” for “under subsection (a)”.
Pub. L. 118–49, § 13(b)Subsec. (c). , amended subsec. (c) generally. Prior to amendment, text read as follows: “An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.”
Pub. L. 111–259, § 801(3)(A)section 1812 of this titlesection 1812 of this title2010—Subsec. (a)(1). , substituted “;” for “.;”.
Pub. L. 111–259, § 801(3)(B)Subsec. (a)(2). , substituted “title.” for “title..”
Pub. L. 110–261section 1812 of this title2008—Subsec. (a). substituted “authorized by this chapter, chapter 119, 121, or 206 of title 18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under .” for “authorized by statute” in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–261section 404 of Pub. L. 110–261section 1801 of this titlesection 402 of Pub. L. 110–261section 1801 of this titleAmendment by effective , except as provided in , set out as a Transition Procedures note under , see , set out as an Effective Date of 2008 Amendment note under .