77-23a-8 - Court order to authorize or approve interception -- Procedure.
77-23a-8. Court order to authorize or approve interception -- Procedure.
(1) The attorney general of the state, any assistant attorney general specially designatedby the attorney general, any county attorney, district attorney, deputy county attorney, or deputydistrict attorney specially designated by the county attorney or by the district attorney, mayauthorize an application to a judge of competent jurisdiction for an order for an interception ofwire, electronic, or oral communications by any law enforcement agency of the state, the federalgovernment or of any political subdivision of the state that is responsible for investigating thetype of offense for which the application is made.
(2) The judge may grant the order in conformity with the required procedures when theinterception sought may provide or has provided evidence of the commission of:
(a) any act:
(i) prohibited by the criminal provisions of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37c, Utah Controlled Substances Precursor Act; or
(C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(ii) punishable by a term of imprisonment of more than one year;
(b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah UniformSecurities Act and punishable by a term of imprisonment of more than one year;
(c) an offense:
(i) of:
(A) attempt, Section 76-4-101;
(B) conspiracy, Section 76-4-201;
(C) solicitation, Section 76-4-203; and
(ii) punishable by a term of imprisonment of more than one year;
(d) a threat of terrorism offense punishable by a maximum term of imprisonment of morethan one year, Section 76-5-107.3;
(e) (i) aggravated murder, Section 76-5-202;
(ii) murder, Section 76-5-203; or
(iii) manslaughter, Section 76-5-205;
(f) (i) kidnapping, Section 76-5-301;
(ii) child kidnapping, Section 76-5-301.1; or
(iii) aggravated kidnapping, Section 76-5-302;
(g) (i) arson, Section 76-6-102; or
(ii) aggravated arson, Section 76-6-103;
(h) (i) burglary, Section 76-6-202; or
(ii) aggravated burglary, Section 76-6-203;
(i) (i) robbery, Section 76-6-301; or
(ii) aggravated robbery, Section 76-6-302;
(j) an offense:
(i) of:
(A) theft, Section 76-6-404;
(B) theft by deception, Section 76-6-405; or
(C) theft by extortion, Section 76-6-406; and
(ii) punishable by a maximum term of imprisonment of more than one year;
(k) receiving stolen property offense punishable by a maximum term of imprisonment of
more than one year, Section 76-6-408;
(l) a financial card transaction offense punishable by a maximum term of imprisonmentof more than one year, Section 76-6-506.1, 76-6-506.2, 76-6-506.3, 76-6-506.4, 76-6-506.5, or76-6-506.6;
(m) bribery of a labor official, Section 76-6-509;
(n) bribery or threat to influence a publicly exhibited contest, Section 76-6-514;
(o) a criminal simulation offense punishable by a maximum term of imprisonment ofmore than one year, Section 76-6-518;
(p) criminal usury, Section 76-6-520;
(q) a fraudulent insurance act offense punishable by a maximum term of imprisonment ofmore than one year, Section 76-6-521;
(r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by amaximum term of imprisonment of more than one year, Section 76-6-703;
(s) bribery to influence official or political actions, Section 76-8-103;
(t) misusing public money, Section 76-8-402;
(u) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
(v) retaliation against a witness, victim, or informant, Section 76-8-508.3;
(w) tampering with a juror, retaliation against a juror, Section 76-8-508.5;
(x) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
(y) obstruction of justice, Section 76-8-306;
(z) destruction of property to interfere with preparation for defense or war, Section76-8-802;
(aa) an attempt to commit crimes of sabotage, Section 76-8-804;
(bb) conspiracy to commit crimes of sabotage, Section 76-8-805;
(cc) advocating criminal syndicalism or sabotage, Section 76-8-902;
(dd) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
(ee) riot punishable by a maximum term of imprisonment of more than one year, Section76-9-101;
(ff) dog fighting, training dogs for fighting, dog fighting exhibitions punishable by amaximum term of imprisonment of more than one year, Section 76-9-301.1;
(gg) explosive, chemical, or incendiary device and parts, possession, use, or removal,Section 76-10-306;
(hh) explosive, chemical, or incendiary device, delivery to a common carrier or mailing,Section 76-10-307;
(ii) exploiting prostitution, Section 76-10-1305;
(jj) aggravated exploitation of prostitution, Section 76-10-1306;
(kk) bus hijacking, assault with intent to commit hijacking, dangerous weapon orfirearm, Section 76-10-1504;
(ll) discharging firearms and hurling missiles, Section 76-10-1505;
(mm) violations of the Pattern of Unlawful Activity Act and the offenses listed under thedefinition of unlawful activity in the act, including the offenses not punishable by a maximumterm of imprisonment of more than one year when those offenses are investigated as predicatesfor the offenses prohibited by the act, Section 76-10-1602;
(nn) communications fraud, Section 76-10-1801;
(oo) money laundering, Sections 76-10-1903 and 76-10-1904; or
(pp) reporting by a person engaged in a trade or business when the offense is punishableby a maximum term of imprisonment of more than one year, Section 76-10-1906.
Amended by Chapter 334, 2010 General Session