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Elements of Section 2511 Offenses
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The essential elements of a violation of 18 U.S.C. § 2511(1)(a)
are: (1) the intercepting, endeavoring to intercept, or procuring any other
person to intercept a wire, oral, or electronic communication; and (2) the
doing
of such acts intentionally. These elements contain sub-elements. For
example,
a wire communication must be furnished or operated by a person engaged in
providing facilities for the transmission of interstate or foreign
communications
or communications affecting interstate or foreign commerce. Thus, private
communication systems are covered where the "affecting commerce"
jurisdictional
basis is present. 18 U.S.C. § 2510(1). In addition, an oral
communication
must be uttered by a person having a justifiable expectation of privacy.
Id. § 2510(2). An electronic communication must be made through
a
system that affects interstate or foreign commerce. Id. §
2510(12).
The essential elements of an 18 U.S.C. § 2511(1)(b) violation
are:
(1) the act or acts of using, endeavoring to use, or procuring another
person to
use or endeavor to use an electronic, mechanical, or other device or its
method
of operations or communication; (2) the device or its method of operation or
target meets one of the criteria specified in 18 U.S.C. § 2511(1)(b)(i)
to
(v); and (3) the doing of such act or acts intentionally.
The essential elements of a violation of 18 U.S.C. § 2511(1)(c)
are: (1) the act or acts of disclosing or endeavoring to disclose to
another
person the contents of a wire, oral or electronic communication; (2) the
doing
of such act or acts knowing or having reason to know that the information
was
obtained through an illegal interception of a wire, oral or electronic
communication; and (3) the doing of such act or acts intentionally.
The essential elements of a violation of 18 U.S.C. § 2511(1)(d)
are: (1) the act or acts of using or endeavoring to use the contents of a
wire,
oral or electronic communication; (2) the doing of such act or acts knowing
or
having reason to know that the information was obtained through an illegal
interception of a wire, oral or electronic communication; and (3) the doing
of
such act or acts intentionally.
The essential elements of a violation of 18 U.S.C. §
2511(1)(e):
(1) the act or acts of disclosing or endeavoring to disclose to another
person
the contents of a wire, oral or electronic communication, intercepted by
means
authorized by the enumerated sections; (2) the doing of such act or acts
knowing
or having reason to know that the information was obtained through
interception
of such a communication in connection with a criminal investigation; (3) the
doing of such act or acts while having obtained or received the information
in
connection with a criminal investigation; and (4) the doing of such act or
acts
intentionally and specifically with intent to improperly interfere with a
duly
authorized criminal investigation.
[cited in USAM 9-60.200] | |