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1052. Elements of Section 2511 Offenses

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]

Updated May 27, 2015