§ 5705. Possession, sale, distribution, manufacture or advertisement of electronic, mechanical
or other devices and telecommunication identification interception devices.
Except as otherwise specifically provided in section 5706 (relating to exceptions
to prohibitions in possession, sale, distribution, manufacture or advertisement of
electronic, mechanical or other devices), a person is guilty of a felony of the third
degree if he does any of the following:
(1) Intentionally possesses an electronic, mechanical or other device, knowing or having
reason to know that the design of such device renders it primarily useful for the
purpose of the surreptitious interception of a wire, electronic or oral communication.
(2) Intentionally sells, transfers or distributes an electronic, mechanical or other device,
knowing or having reason to know that the design of such device renders it primarily
useful for the purpose of the surreptitious interception of a wire, electronic or
oral communication.
(3) Intentionally manufactures or assembles an electronic, mechanical or other device,
knowing or having reason to know that the design of such device renders it primarily
useful for the purpose of the surreptitious interception of a wire, electronic or
oral communication.
(4) Intentionally places in any newspaper, magazine, handbill, or other publication any
advertisement of an electronic, mechanical or other device, knowing or having reason
to know that the design of such device renders it primarily useful for the purpose
of the surreptitious interception of a wire, electronic or oral communication or of
an electronic, mechanical or other device where such advertisement promotes the use
of such device for the purpose of the surreptitious interception of a wire, electronic
or oral communication.
(5) Intentionally possesses a telecommunication identification interception device.
(Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Oct. 25, 2012, P.L.1634, No.202, eff.
60 days)
2012 Amendment. Act 202 amended the section heading and added par. (5).
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1976–2024 · leading case:
Commonwealth v. Smith, 136 A.3d 170 (Pa. Super. Ct. 2016).
Commonwealth v. Smith, 136 A.3d 170 (Pa. Super. Ct. 2016).
“A “voice memo” app on an iPhone is not designed to be “primarily useful for the purpose of the surreptitious interception of a wire, electronic or oral communication.”
Commonwealth v. Birdseye, 637 A.2d 1036 (Pa. Super. Ct. 1994).
“§ 5703(1); and, possession of intercepting devices, 18 Pa.C.S. § 5705(1). Post-trial motions were filed and denied.”
Commonwealth v. Brocco, 396 A.2d 1371 (Pa. Super. Ct. 1979).
· cites it 2× “It is undisputed that under the 1974 amendments to the Crimes Code the taping of the conversation was improper, see 18 Pa.C.S. § 5705, 9 and under section three of that chapter, (18 Pa.”
Commonwealth v. Ward, 3 Pa. D. & C.5th 268 (2007).
· cites it 3× “§5703(1)), possession of device for intercepting communications (18 Pa.C.S. §5705(1)), and possession of instruments of a crime (18 Pa.”
Com. v. Romero, E. (Pa. Super. Ct. 2021).
· cites it 2× “18 Pa.C.S. § 5705(1). Interception of Communications provides that a person must (1) intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept (2) any wire, electronic or oral communication.”
Commonwealth v. Large, 47 Pa. D. & C.5th 449 (2015).
· cites it 2× “The defendant is also charged under 18 Pa.C.S. § 5705(1), which in pertinent part states: Except as otherwise specifically provided in section 5706.”
Com. v. Gold, A. (Pa. Super. Ct. 2024).
“1 18 Pa.C.S. §§ 5705(1), 2709.1(a)(1), 2709.”
Commonwealth v. Payne, 1 Pa. D. & C.3d 775 (1976).
“4, 18 Pa. C. S. §5705, which provides, in pertinent part, as follows: “(a) Offense defined.”
— 18 Pa. Cons. Stat. § 5705(1) — 6 cases
Commonwealth v. Smith, 136 A.3d 170 (Pa. Super. Ct. 2016).
“A “voice memo” app on an iPhone is not designed to be “primarily useful for the purpose of the surreptitious interception of a wire, electronic or oral communication.”
Commonwealth v. Birdseye, 637 A.2d 1036 (Pa. Super. Ct. 1994).
“§ 5703(1); and, possession of intercepting devices, 18 Pa.C.S. § 5705(1). Post-trial motions were filed and denied.”
Commonwealth v. Ward, 3 Pa. D. & C.5th 268 (2007).
“§5703(1)), possession of device for intercepting communications (18 Pa.C.S. §5705(1)), and possession of instruments of a crime (18 Pa.”
Com. v. Romero, E. (Pa. Super. Ct. 2021).
“18 Pa.C.S. § 5705(1). Interception of Communications provides that a person must (1) intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept (2) any wire, electronic or oral communication.”
Com. v. Gold, A. (Pa. Super. Ct. 2024).
“1 18 Pa.C.S. §§ 5705(1), 2709.1(a)(1), 2709.”
— 18 Pa. Cons. Stat. § 5705(3) — 1 case
Commonwealth v. Large, 47 Pa. D. & C.5th 449 (2015).
“The defendant is also charged under 18 Pa.C.S. § 5705(1), which in pertinent part states: Except as otherwise specifically provided in section 5706.”
— 18 Pa. Cons. Stat. § 5705(a) — 1 case
Commonwealth v. Brocco, 396 A.2d 1371 (Pa. Super. Ct. 1979).
“It is undisputed that under the 1974 amendments to the Crimes Code the taping of the conversation was improper, see 18 Pa.C.S. § 5705, 9 and under section three of that chapter, (18 Pa.”
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