North Carolina § 15A-290 - Offenses for which orders for electronic surveillance may be granted.

§ 15A-290. Offenses for which orders for electronic surveillance may be granted.

Orders authorizing or approving the interception of wire, oral, or electronic communications may be granted, subject to the provisions of this Article and Chapter 119 of Title 18 of the United States Code, when the interception does any of the following: May provide or has provided evidence of the commission of, or any conspiracy to commit, any of the following: Any of the drug-trafficking violations listed in G.S. 90-95(h). A continuing criminal enterprise in violation of G.S. 90-95.1. May expedite the apprehension of persons indicted for the commission of, or any conspiracy to commit, an offense listed in subdivision (1) of this subsection. Orders authorizing or approving the interception of wire, oral, or electronic communications may be granted, subject to the provisions of this Article and Chapter 119 of Title 18 of the United States Code, when the interception may provide, or has provided, evidence of any offense that involves the commission of, or any conspiracy to commit, murder, kidnapping, hostage taking, robbery, extortion, bribery, rape, or any sexual offense, or when the interception may expedite the apprehension of persons indicted for the commission of these offenses. Orders authorizing or approving the interception of wire, oral, or electronic communications may be granted, subject to the provisions of this Article and Chapter 119 of Title 18 of the United States Code, when the interception may provide, or has provided, evidence of any of the following offenses, or any conspiracy to commit these offenses, or when the interception may expedite the apprehension of persons indicted for the commission of these offenses: Any felony offense against a minor, including any violation of G.S. 14-27.31 (Sexual activity by a substitute parent or custodian), G.S. 14-27.32 (Sexual activity with a student), G.S. 14-41 (Abduction of children), G.S. 14-43.11 (Human trafficking), G.S. 14-43.12 (Involuntary servitude), G.S. 14-43.13 (Sexual servitude), G.S. 14-190.16 (First degree sexual exploitation of a minor), G.S. 14-190.17 (Second degree sexual exploitation of a minor), G.S. 14-202.1 (Taking indecent liberties with children), G.S. 14-205.2(c) or (d) (Patronizing a prostitute who is a minor or has a mental disability), or G.S. 14-205.3(b) (Promoting prostitution of a minor or a person who has a mental disability). Any felony obstruction of a criminal investigation, including any violation of G.S. 14-221.1 (Altering, destroying, or stealing evidence of criminal conduct). Any felony offense involving interference with, or harassment or intimidation of, jurors or witnesses, including any violation of G.S. 14-225.2 or G.S. 14-226. Any felony offense involving assault or threats against any executive or legislative officer in violation of Article 5A of Chapter 14 of the General Statutes or assault with a firearm or other deadly weapon upon governmental officers or employees in violation of G.S. 14-34.2. Any offense involving the manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapons of mass death or destruction in violation of G.S. 14-288.8 or the adulteration or misbranding of food, drugs, cosmetics, etc., with the intent to cause serious injury in violation of G.S. 14-34.4. When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized, intercepts wire, electronic, or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents of the communications and evidence derived from the communications may be disclosed or used as provided in G.S. 15A-294(a) and (b). The contents of the communications and any evidence derived from the communications may be used in accordance with G.S. 15A-294(c) when authorized or approved by a judicial review panel where the panel finds, on subsequent application made as soon as practicable, that the contents were otherwise intercepted in accordance with this Article or Chapter 119 of Title 18 of the United States Code. No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this Article or Chapter 119 of Title 18 of the United States Code, shall lose its privileged character. History (1995, c. 407, s. 1; 2013-368, s. 6; 2015-181, s. 46; 2018-47, s. 4(k).) Editor's Note. - Session Laws 2015-181, s. 48, makes the amendments to subdivision (c)(1) by Session Laws 2015-181, s. 46, applicable to offenses committed on or after December 1, 2015, and further provides: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2018-47, s. 16, made the amendment of this section by Session Laws 2018-47, s. 4(k), effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2013-368, s. 6, effective October 1, 2013, rewrote subsection (c)(1). For applicability, see Editor's note. Session Laws 2015-181, s. 46, effective December 1, 2015, substituted "G.S. 14-27.31 (Sexual activity by a substitute parent or custodian), G.S. 14-27.32 (Sexual activity with a student)" for "G.S. 14-27.7 (Intercourse and sexual offenses with certain victims; consent no defense)" in subdivision (c)(1). For applicability, see editor's note. Session Laws 2018-47, s. 4(k), inserted "of Title 18" throughout this section; added "does any of the following" at the end of subsection (a); added ", any of the following" in subdivision (a)(1); substituted "G.S. 90-95(h)." for "G.S. 90-95(h); or" in subdivision (a)(1)a; in subdivision (c)(1), substituted "has a mental disability" for "a mentally disabled person" and substituted "person who has a mental disability" for "mentally disabled person"; and, in subsection (d), substituted "of the communications and evidence derived from the communications" for "thereof, and evidence derived therefrom," near the end of the first sentence and, in the second sentence, substituted "The contents of the communications" for "Such contents" and substituted "from the communications" for "therefrom". For effective date and applicability, see editor's note.