Eavesdropping and video surveillance warrants; definitions of terms

§ 700.05 Eavesdropping and video surveillance warrants; definitions of\n terms.\n As used in this article, the following terms have the following\nmeanings:\n 1. "Eavesdropping" means "wiretapping", "mechanical overhearing of\nconversation," or the "intercepting or accessing of an electronic\ncommunication", as those terms are defined in section 250.00 of the\npenal law, but does not include the use of a pen register or trap and\ntrace device when authorized pursuant to article 705 of this chapter.\n 2. "Eavesdropping warrant" means an order of a justice authorizing or\napproving eavesdropping.\n 3. "Intercepted communication" means (a) a telephonic or telegraphic\ncommunication which was intentionally overheard or recorded by a person\nother than the sender or receiver thereof, without the consent of the\nsender or receiver, by means of any instrument, device or equipment, or\n(b) a conversation or discussion which was intentionally overheard or\nrecorded, without the consent of at least one party thereto, by a person\nnot present thereat, by means of any instrument, device or equipment; or\n(c) an electronic communication which was intentionally intercepted or\naccessed, as that term is defined in section 250.00 of the penal law.\nThe term "contents," when used with respect to a communication, includes\nany information concerning the identity of the parties to such\ncommunications, and the existence, substance, purport, or meaning of\nthat communication. The term "communication" includes conversation and\ndiscussion.\n 3-a. "Telephonic communication", "electronic communication", and\n"intentionally intercepted or accessed" have the meanings given to those\nterms by subdivisions three, five, and six respectively, of section\n250.00 of the penal law.\n 4. "Justice," except as otherwise provided herein, means any justice\nof an appellate division of the judicial department in which the\neavesdropping warrant is to be executed, or any justice of the supreme\ncourt of the judicial district in which the eavesdropping warrant is to\nbe executed, or any county court judge of the county in which the\neavesdropping warrant is to be executed. When the eavesdropping warrant\nis to authorize the interception of oral communications occurring in a\nvehicle or wire communications occurring over a telephone located in a\nvehicle, "justice" means any justice of the supreme court of the\njudicial department or any county court judge of the county in which the\neavesdropping device is to be installed or connected or of any judicial\ndepartment or county in which communications are expected to be\nintercepted. When such a justice issues such an eavesdropping warrant,\nsuch warrant may be executed and such oral or wire communications may be\nintercepted anywhere in the state.\n 5. "Applicant" means a district attorney or the attorney general or if\nauthorized by the attorney general, the deputy attorney general in\ncharge of the organized crime task force. If a district attorney or the\nattorney general is actually absent or disabled, the term "applicant"\nincludes that person designated to act for him and perform his official\nfunction in and during his actual absence or disability.\n 6. "Law enforcement officer" means any public servant who is empowered\nby law to conduct an investigation of or to make an arrest for a\ndesignated offense, and any attorney authorized by law to prosecute or\nparticipate in the prosecution of a designated offense.\n 7. "Exigent circumstances" means conditions requiring the preservation\nof secrecy, and whereby there is a reasonable likelihood that a\ncontinuing investigation would be thwarted by alerting any of the\npersons subject to surveillance to the fact that such surveillance had\noccurred.\n 8. "Designated offense" means any one or more of the following crimes:\n (a) A conspiracy to commit any offense enumerated in the following\nparagraphs of this subdivision, or an attempt to commit any felony\nenumerated in the following paragraphs of this subdivision which attempt\nwould itself constitute a felony;\n (b) Any of the following felonies: assault in the second degree as\ndefined in section 120.05 of the penal law, assault in the first degree\nas defined in section 120.10 of the penal law, reckless endangerment in\nthe first degree as defined in section 120.25 of the penal law,\npromoting a suicide attempt as defined in section 120.30 of the penal\nlaw, strangulation in the second degree as defined in section 121.12 of\nthe penal law, strangulation in the first degree as defined in section\n121.13 of the penal law, criminally negligent homicide as defined in\nsection 125.10 of the penal law, manslaughter in the second degree as\ndefined in section 125.15 of the penal law, manslaughter in the first\ndegree as defined in section 125.20 of the penal law, murder in the\nsecond degree as defined in section 125.25 of the penal law, murder in\nthe first degree as defined in section 125.27 of the penal law, rape in\nthe third degree as defined in section 130.25 of the penal law, rape in\nthe second degree as defined in section 130.30 of the penal law, rape in\nthe first degree as defined in section 130.35 of the penal law, a crime\nformerly defined in section 130.40 of the penal law, a crime formerly\ndefined in section 130.45 of the penal law, a crime formerly defined in\nsection 130.50 of the penal law, sexual abuse in the first degree as\ndefined in section 130.65 of the penal law, unlawful imprisonment in the\nfirst degree as defined in section 135.10 of the penal law, kidnapping\nin the second degree as defined in section 135.20 of the penal law,\nkidnapping in the first degree as defined in section 135.25 of the penal\nlaw, labor trafficking as defined in section 135.35 of the penal law,\naggravated labor trafficking as defined in section 135.37 of the penal\nlaw, custodial interference in the first degree as defined in section\n135.50 of the penal law, coercion in the first degree as defined in\nsection 135.65 of the penal law, criminal trespass in the first degree\nas defined in section 140.17 of the penal law, burglary in the third\ndegree as defined in section 140.20 of the penal law, burglary in the\nsecond degree as defined in section 140.25 of the penal law, burglary in\nthe first degree as defined in section 140.30 of the penal law, criminal\nmischief in the third degree as defined in section 145.05 of the penal\nlaw, criminal mischief in the second degree as defined in section 145.10\nof the penal law, criminal mischief in the first degree as defined in\nsection 145.12 of the penal law, criminal tampering in the first degree\nas defined in section 145.20 of the penal law, arson in the fourth\ndegree as defined in section 150.05 of the penal law, arson in the third\ndegree as defined in section 150.10 of the penal law, arson in the\nsecond degree as defined in section 150.15 of the penal law, arson in\nthe first degree as defined in section 150.20 of the penal law, grand\nlarceny in the fourth degree as defined in section 155.30 of the penal\nlaw, grand larceny in the third degree as defined in section 155.35 of\nthe penal law, grand larceny in the second degree as defined in section\n155.40 of the penal law, grand larceny in the first degree as defined in\nsection 155.42 of the penal law, health care fraud in the fourth degree\nas defined in section 177.10 of the penal law, health care fraud in the\nthird degree as defined in section 177.15 of the penal law, health care\nfraud in the second degree as defined in section 177.20 of the penal\nlaw, health care fraud in the first degree as defined in section 177.25\nof the penal law, robbery in the third degree as defined in section\n160.05 of the penal law, robbery in the second degree as defined in\nsection 160.10 of the penal law, robbery in the first degree as defined\nin section 160.15 of the penal law, unlawful use of secret scientific\nmaterial as defined in section 165.07 of the penal law, criminal\npossession of stolen property in the fourth degree as defined in section\n165.45 of the penal law, criminal possession of stolen property in the\nthird degree as defined in section 165.50 of the penal law, criminal\npossession of stolen property in the second degree as defined by section\n165.52 of the penal law, criminal possession of stolen property in the\nfirst degree as defined by section 165.54 of the penal law, trademark\ncounterfeiting in the second degree as defined in section 165.72 of the\npenal law, trademark counterfeiting in the first degree as defined in\nsection 165.73 of the penal law, forgery in the second degree as defined\nin section 170.10 of the penal law, forgery in the first degree as\ndefined in section 170.15 of the penal law, criminal possession of a\nforged instrument in the second degree as defined in section 170.25 of\nthe penal law, criminal possession of a forged instrument in the first\ndegree as defined in section 170.30 of the penal law, criminal\npossession of forgery devices as defined in section 170.40 of the penal\nlaw, falsifying business records in the first degree as defined in\nsection 175.10 of the penal law, tampering with public records in the\nfirst degree as defined in section 175.25 of the penal law, offering a\nfalse instrument for filing in the first degree as defined in section\n175.35 of the penal law, issuing a false certificate as defined in\nsection 175.40 of the penal law, criminal diversion of prescription\nmedications and prescriptions in the second degree as defined in section\n178.20 of the penal law, criminal diversion of prescription medications\nand prescriptions in the first degree as defined in section 178.25 of\nthe penal law, residential mortgage fraud in the fourth degree as\ndefined in section 187.10 of the penal law, residential mortgage fraud\nin the third degree as defined in section 187.15 of the penal law,\nresidential mortgage fraud in the second degree as defined in section\n187.20 of the penal law, residential mortgage fraud in the first degree\nas defined in section 187.25 of the penal law, escape in the second\ndegree as defined in section 205.10 of the penal law, escape in the\nfirst degree as defined in section 205.15 of the penal law, absconding\nfrom temporary release in the first degree as defined in section 205.17\nof the penal law, promoting prison contraband in the first degree as\ndefined in section 205.25 of the penal law, hindering prosecution in the\nsecond degree as defined in section 205.60 of the penal law, hindering\nprosecution in the first degree as defined in section 205.65 of the\npenal law, sex trafficking as defined in section 230.34 of the penal\nlaw, sex trafficking of a child as defined in section 230.34-a of the\npenal law, criminal possession of a weapon in the third degree as\ndefined in subdivisions two, three and five of section 265.02 of the\npenal law, criminal possession of a weapon in the second degree as\ndefined in section 265.03 of the penal law, criminal possession of a\nweapon in the first degree as defined in section 265.04 of the penal\nlaw, manufacture, transport, disposition and defacement of weapons and\ndangerous instruments and appliances defined as felonies in subdivisions\none, two, and three of section 265.10 of the penal law, sections 265.11,\n265.12 and 265.13 of the penal law, or prohibited use of weapons as\ndefined in subdivision two of section 265.35 of the penal law, relating\nto firearms and other dangerous weapons, criminal manufacture, sale or\ntransport of an undetectable firearm, rifle or shotgun as defined in\nsection 265.50 of the penal law, or failure to disclose the origin of a\nrecording in the first degree as defined in section 275.40 of the penal\nlaw;\n (c) Criminal possession of a controlled substance in the seventh\ndegree as defined in section 220.03 of the penal law, criminal\npossession of a controlled substance in the fifth degree as defined in\nsection 220.06 of the penal law, criminal possession of a controlled\nsubstance in the fourth degree as defined in section 220.09 of the penal\nlaw, criminal possession of a controlled substance in the third degree\nas defined in section 220.16 of the penal law, criminal possession of a\ncontrolled substance in the second degree as defined in section 220.18\nof the penal law, criminal possession of a controlled substance in the\nfirst degree as defined in section 220.21 of the penal law, criminal\nsale of a controlled substance in the fifth degree as defined in section\n220.31 of the penal law, criminal sale of a controlled substance in the\nfourth degree as defined in section 220.34 of the penal law, criminal\nsale of a controlled substance in the third degree as defined in section\n220.39 of the penal law, criminal sale of a controlled substance in the\nsecond degree as defined in section 220.41 of the penal law, criminal\nsale of a controlled substance in the first degree as defined in section\n220.43 of the penal law, criminally possessing a hypodermic instrument\nas defined in section 220.45 of the penal law, criminal sale of a\nprescription for a controlled substance or a controlled substance by a\npractitioner or pharmacist as defined in section 220.65 of the penal\nlaw, criminal possession of methamphetamine manufacturing material in\nthe second degree as defined in section 220.70 of the penal law,\ncriminal possession of methamphetamine manufacturing material in the\nfirst degree as defined in section 220.71 of the penal law, criminal\npossession of precursors of methamphetamine as defined in section 220.72\nof the penal law, unlawful manufacture of methamphetamine in the third\ndegree as defined in section 220.73 of the penal law, unlawful\nmanufacture of methamphetamine in the second degree as defined in\nsection 220.74 of the penal law, unlawful manufacture of methamphetamine\nin the first degree as defined in section 220.75 of the penal law,\nunlawful disposal of methamphetamine laboratory material as defined in\nsection 220.76 of the penal law, operating as a major trafficker as\ndefined in section 220.77 of the penal law, promoting gambling in the\nsecond degree as defined in section 225.05 of the penal law, promoting\ngambling in the first degree as defined in section 225.10 of the penal\nlaw, possession of gambling records in the second degree as defined in\nsection 225.15 of the penal law, possession of gambling records in the\nfirst degree as defined in section 225.20 of the penal law, and\npossession of a gambling device as defined in section 225.30 of the\npenal law;\n (d) Commercial bribing, commercial bribe receiving, bribing a labor\nofficial, bribe receiving by a labor official, sports bribing and sports\nbribe receiving, as defined in article one hundred eighty of the penal\nlaw;\n (e) Criminal usury, as defined in article one hundred ninety of the\npenal law;\n (f) Bribery in the third degree, bribery in the second degree, bribery\nin the first degree, bribe receiving in the third degree, bribe\nreceiving in the second degree, bribe receiving in the first degree,\nbribe giving for public office, bribe receiving for public office and\ncorrupt use of position or authority, as defined in article two hundred\nof the penal law;\n (g) Bribing a witness, bribe receiving by a witness, bribing a juror\nand bribe receiving by a juror, as defined in article two hundred\nfifteen of the penal law;\n (h) Promoting prostitution in the first degree, as defined in section\n230.32 of the penal law, promoting prostitution in the second degree, as\ndefined by subdivision one of section 230.30 of the penal law, promoting\nprostitution in the third degree, as defined in section 230.25 of the\npenal law;\n (i) Riot in the first degree and criminal anarchy, as defined in\narticle two hundred forty of the penal law;\n (j) Eavesdropping, as defined in article two hundred fifty of the\npenal law;\n (k) Any of the acts designated as felonies in subdivisions two and\nfour of section four hundred eighty-one of the tax law, which section\nrelates to penalties under the tax on cigarettes imposed by article\ntwenty of such law, and any of the acts designated as felonies in\nsubdivision c of section 11-1317 of the administrative code of the city\nof New York, which section relates to penalties under the cigarette tax\nimposed by chapter thirteen of title eleven of such code.\n (l) Scheme to defraud in the first degree as defined in article one\nhundred ninety of the penal law.\n (m) Any of the acts designated as felonies in section three hundred\nfifty-two-c of the general business law.\n (n) Any of the acts designated as felonies in title twenty-seven of\narticle seventy-one of the environmental conservation law.\n (o) Money laundering in the first degree, as defined in section 470.20\nof the penal law, money laundering in the second degree as defined in\nsection 470.15 of the penal law, money laundering in the third degree as\ndefined in section 470.10 of such law, and money laundering in the\nfourth degree as defined in section 470.05 of such law, where the\nproperty involved represents or is represented to be the proceeds of\nspecified criminal conduct which itself constitutes a designated offense\nwithin the meaning of this subdivision.\n (p) Stalking in the second degree as defined in section 120.55 of the\npenal law, and stalking in the first degree as defined in section 120.60\nof the penal law.\n (q) Soliciting or providing support for an act of terrorism in the\nsecond degree as defined in section 490.10 of the penal law, soliciting\nor providing support for an act of terrorism in the first degree as\ndefined in section 490.15 of the penal law, making a terroristic threat\nas defined in section 490.20 of the penal law, crime of terrorism as\ndefined in section 490.25 of the penal law, domestic act of terrorism\nmotivated by hate in the second degree as defined in section 490.27 of\nthe penal law, domestic act of terrorism motivated by hate in the first\ndegree as defined in section 490.28 of the penal law, hindering\nprosecution of terrorism in the second degree as defined in section\n490.30 of the penal law, hindering prosecution of terrorism in the first\ndegree as defined in section 490.35 of the penal law, criminal\npossession of a chemical weapon or biological weapon in the third degree\nas defined in section 490.37 of the penal law, criminal possession of a\nchemical weapon or biological weapon in the second degree as defined in\nsection 490.40 of the penal law, criminal possession of a chemical\nweapon or biological weapon in the first degree as defined in section\n490.45 of the penal law, criminal use of a chemical weapon or biological\nweapon in the third degree as defined in section 490.47 of the penal\nlaw, criminal use of a chemical weapon or biological weapon in the\nsecond degree as defined in section 490.50 of the penal law, and\ncriminal use of a chemical weapon or biological weapon in the first\ndegree as defined in section 490.55 of the penal law.\n (r) Falsely reporting an incident in the second degree as defined in\nsection 240.55 of the penal law, falsely reporting an incident in the\nfirst degree as defined in section 240.60 of the penal law, placing a\nfalse bomb in the second degree as defined in section 240.61 of the\npenal law, placing a false bomb in the first degree as defined in\nsection 240.62 of the penal law, and placing a false bomb in a sports\nstadium or arena, mass transportation facility or enclosed shopping mall\nas defined in section 240.63 of the penal law.\n (s) Identity theft in the second degree, as defined in section 190.79\nof the penal law, identity theft in the first degree, as defined in\nsection 190.80 of the penal law, unlawful possession of personal\nidentification information in the second degree, as defined in section\n190.82 of the penal law, and unlawful possession of personal\nidentification information in the first degree, as defined in section\n190.83 of the penal law.\n (t) Menacing a police officer or peace officer as defined in section\n120.18 of the penal law; aggravated criminally negligent homicide as\ndefined in section 125.11 of the penal law; aggravated manslaughter in\nthe second degree as defined in section 125.21 of the penal law;\naggravated manslaughter in the first degree as defined in section 125.22\nof the penal law; aggravated murder as defined in section 125.26 of the\npenal law.\n (u) Any felony defined in article four hundred ninety-six of the penal\nlaw.\n (v) Any of the acts designated as felonies in section three hundred\nfifty-one of the agriculture and markets law.\n 9. "Video surveillance" means the intentional visual observation by\nlaw enforcement of a person by means of a television camera or other\nelectronic device that is part of a television transmitting apparatus,\nwhether or not such observation is recorded on film or video tape,\nwithout the consent of that person or another person thereat and under\ncircumstances in which such observation in the absence of a video\nsurveillance warrant infringes upon such person's reasonable expectation\nof privacy under the constitution of this state or of the United States.\n 10. "Video surveillance warrant" means an order of a justice\nauthorizing or approving video surveillance.\n