Authorization for interception of wire or oral communication

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  • (a) The Attorney General or the United States Attorney may authorize an application to a court of competent jurisdiction for, and any judge of such court may grant in conformity with this chapter, an order authorizing or approving the interception of wire or oral communications by the Virgin Islands Police Department, the Virgin Islands Department of Justice, or any other law enforcement agency of this Territory having responsibility for the investigation of the offense as to which the application is made, when such interception may provide, or has provided, evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs or other dangerous drugs; or any violation of the following, which violation may be punishable by more than one year imprisonment and which presents a danger to life, limb or property interests:

    • (1) Title 3, chapter 25, Virgin Islands Code, relating to false testimony;

    • (2) Title 5, chapter 343, Virgin Islands Code, relating to electronic surveillance;

    • (3) Title 9, chapter 9, Virgin Islands Code, relating to foreign banks;

    • (4) Title 9, chapter 11, Virgin Islands Code, relating to banking transfers and conduct;

    • (5) Title 9, chapter 15, Virgin Islands Code, relating to loans;

    • (6) Title 9, chapter 17, Virgin Islands Code, relating to disclosure of finance charges;

    • (7) Title 11, chapter 29, Virgin Islands Code, relating to monopolies and restraints of trade;

    • (8) Title 14, chapter 11, Virgin Islands Code, relating to arson and other burning of property;

    • (9) Title 14, chapter 19, Virgin Islands Code, relating to bribery and graft;

    • (10) Title 14, chapter 21, Virgin Islands Code, relating to burglary;

    • (11) Title 14, chapter 23, Virgin Islands Code, relating to children;

    • (12) Title 14, chapter 30, Virgin Islands Code, relating to criminally influenced and corrupt organizations;

    • (13) Title 14, chapter 33, Virgin Islands Code, relating to escape and rescue;

    • (14) Title 14, chapter 35, Virgin Islands Code, relating to extortion, oppression, and threats;

    • (15) Title 15, chapter 39, Virgin Islands Code, relating to forgery and counterfeiting;

    • (16) Title 14, chapter 41, Virgin Islands Code, relating to fraud and false statements;

    • (17) Title 14, chapter 45, Virgin Islands Code, relating to homicide;

    • (18) Title 14, chapter 53, Virgin Islands Code, relating to kidnapping;

    • (19) Title 14, chapter 55, Virgin Islands Code, relating to larceny and embezzlement;

    • (20) Title 14, chapter 57, Virgin Islands Code, relating to letters and messages;

    • (21) Title 14, chapter 61, Virgin Islands Code, relating to lotteries, gambling, and betting;

    • (22) Title 14, chapter 63, Virgin Islands Code, relating to malicious mischief;

    • (23) Title 14, chapter 67, Virgin Islands Code, relating to mayhem;

    • (24) Title 14, chapter 69, Virgin Islands Code, relating to vehicle auto theft;

    • (25) Title 14, chapter 75, Virgin Islands Code, relating to obstruction of justice;

    • (26) Title 14, chapter 77, Virgin Islands Code, relating to perjury;

    • (27) Title 14, chapter 81, Virgin Islands Code, relating to prostitution and related offenses;

    • (28) Title 14, chapter 83, Virgin Islands Code, relating to public officers and employees;

    • (29) Title 14, chapter 89, Virgin Islands Code, relating to records, documents, and reports;

    • (30) Title 14, chapter 93, Virgin Islands Code, relating to robbery;

    • (31) Title 14, chapter 95, Virgin Islands Code, relating to sabotage;

    • (32) Title 14, chapter 105, Virgin Islands Code, relating to stolen property;

    • (33) Title 14, chapter 113, Virgin Islands Code, relating to carrying or using dangerous weapons;

    • (34) Title 14, chapter 117, Virgin Islands Code, relating to credit cards;

    • (35) Title 18, chapter 27, Virgin Islands Code, relating to election offenses;

    • (36) Title 19, chapter 29, Virgin Islands Code, relating to controlled substances;

    • (37) Title 33, chapter 45, Virgin Islands Code, relating to offenses and forfeitures under taxation and finance;

    • (38) Any conspiracy to commit any violation of the laws of this Territory relating to the crimes specifically enumerated above.

  • (b) The authorization from the Attorney General or United States Attorney required by subsection (a) of this section must be in writing and shall be in such format as the Attorney General or the United States Attorney shall choose. Such authorization need not be part of the application made to the court, but a record of such authorization must be maintained.

  • (c) Except as provided for in this chapter, no person shall intercept any wire or oral communication; provided that it shall not be unlawful under this chapter for a person to intercept a wire or oral communication where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception to the interceptor, unless such communication is intercepted for the purpose of committing any criminal or tortuous act in violation of territorial or federal law.

  • (d) No person who has intercepted any wire or oral communication in the manner described in section 4102(c) of this title, prior to the enactment of section 4102(c) of this title, without actual knowledge of the former prohibitions thereto, shall be held liable for any criminal penalty set forth in this chapter.


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