Section 700.05. Eavesdropping and video surveillance warrants; definitions of terms

As used in this  article,  the  following  terms  have  the  following
  meanings:
    1.  "Eavesdropping"  means  "wiretapping",  "mechanical overhearing of
  conversation," or  the  "intercepting  or  accessing  of  an  electronic
  communication",  as  those  terms  are  defined in section 250.00 of the
  penal law, but does not include the use of a pen register  or  trap  and
  trace device when authorized pursuant to article 705 of this chapter.
    2.  "Eavesdropping warrant" means an order of a justice authorizing or
  approving eavesdropping.
    3. "Intercepted communication" means (a) a telephonic  or  telegraphic
  communication  which was intentionally overheard or recorded by a person
  other than the sender or receiver thereof, without the  consent  of  the
  sender  or receiver, by means of any instrument, device or equipment, or
  (b) a conversation or discussion which was  intentionally  overheard  or
  recorded, without the consent of at least one party thereto, by a person
  not present thereat, by means of any instrument, device or equipment; or
  (c)  an  electronic communication which was intentionally intercepted or
  accessed, as that term is defined in section 250.00 of  the  penal  law.
  The term "contents," when used with respect to a communication, includes
  any   information  concerning  the  identity  of  the  parties  to  such
  communications, and the existence, substance,  purport,  or  meaning  of
  that  communication.  The term "communication" includes conversation and
  discussion.
    3-a.  "Telephonic  communication",  "electronic  communication",   and
  "intentionally intercepted or accessed" have the meanings given to those
  terms  by  subdivisions  three,  five,  and six respectively, of section
  250.00 of the penal law.
    4. "Justice," except as otherwise provided herein, means  any  justice
  of  an  appellate  division  of  the  judicial  department  in which the
  eavesdropping warrant is to be executed, or any justice of  the  supreme
  court  of the judicial district in which the eavesdropping warrant is to
  be executed, or any county court  judge  of  the  county  in  which  the
  eavesdropping  warrant is to be executed. When the eavesdropping warrant
  is to authorize the interception of oral communications occurring  in  a
  vehicle  or  wire communications occurring over a telephone located in a
  vehicle, "justice" means  any  justice  of  the  supreme  court  of  the
  judicial department or any county court judge of the county in which the
  eavesdropping  device is to be installed or connected or of any judicial
  department  or  county  in  which  communications  are  expected  to  be
  intercepted.  When  such a justice issues such an eavesdropping warrant,
  such warrant may be executed and such oral or wire communications may be
  intercepted anywhere in the state.
    5. "Applicant" means a district attorney or the attorney general or if
  authorized by the attorney  general,  the  deputy  attorney  general  in
  charge  of the organized crime task force. If a district attorney or the
  attorney general is actually absent or disabled,  the  term  "applicant"
  includes  that person designated to act for him and perform his official
  function in and during his actual absence or disability.
    6. "Law enforcement officer" means any public servant who is empowered
  by law to conduct an investigation  of  or  to  make  an  arrest  for  a
  designated  offense,  and any attorney authorized by law to prosecute or
  participate in the prosecution of a designated offense.
    7. "Exigent circumstances" means conditions requiring the preservation
  of secrecy,  and  whereby  there  is  a  reasonable  likelihood  that  a
  continuing  investigation  would  be  thwarted  by  alerting  any of the

  persons subject to surveillance to the fact that such  surveillance  had
  occurred.
    8. "Designated offense" means any one or more of the following crimes:
    (a)  A  conspiracy  to  commit any offense enumerated in the following
  paragraphs of this subdivision, or  an  attempt  to  commit  any  felony
  enumerated in the following paragraphs of this subdivision which attempt
  would itself constitute a felony;
    (b)  Any  of  the  following felonies: assault in the second degree as
  defined in section 120.05 of the penal law, assault in the first  degree
  as  defined in section 120.10 of the penal law, reckless endangerment in
  the first degree  as  defined  in  section  120.25  of  the  penal  law,
  promoting  a  suicide  attempt as defined in section 120.30 of the penal
  law, criminally negligent homicide as defined in section 125.10  of  the
  penal  law,  manslaughter  in  the  second  degree as defined in section
  125.15 of the penal law, manslaughter in the first degree as defined  in
  section  125.20 of the penal law, murder in the second degree as defined
  in section 125.25 of the penal  law,  murder  in  the  first  degree  as
  defined  in  section  125.27  of  the  penal law, abortion in the second
  degree as defined in section 125.40 of the penal law,  abortion  in  the
  first  degree as defined in section 125.45 of the penal law, rape in the
  third degree as defined in section 130.25 of the penal law, rape in  the
  second degree as defined in section 130.30 of the penal law, rape in the
  first  degree  as  defined  in section 130.35 of the penal law, criminal
  sexual act in the third degree as defined in section 130.40 of the penal
  law, criminal sexual act in the second  degree  as  defined  in  section
  130.45  of  the  penal  law,  criminal sexual act in the first degree as
  defined in section 130.50 of the penal law, sexual abuse  in  the  first
  degree  as  defined  in  section  130.65  of  the  penal  law,  unlawful
  imprisonment in the first degree as defined in  section  135.10  of  the
  penal  law, kidnapping in the second degree as defined in section 135.20
  of the penal law, kidnapping in the first degree as defined  in  section
  135.25  of the penal law, labor trafficking as defined in section 135.35
  of the penal law, custodial interference in the first degree as  defined
  in  section  135.50  of  the  penal law, coercion in the first degree as
  defined in section 135.65 of the penal law,  criminal  trespass  in  the
  first  degree as defined in section 140.17 of the penal law, burglary in
  the third degree as defined in section 140.20 of the penal law, burglary
  in the second degree as defined in section  140.25  of  the  penal  law,
  burglary  in  the first degree as defined in section 140.30 of the penal
  law, criminal mischief in the third degree as defined in section  145.05
  of  the  penal law, criminal mischief in the second degree as defined in
  section 145.10 of the penal law, criminal mischief in the  first  degree
  as defined in section 145.12 of the penal law, criminal tampering in the
  first degree as defined in section 145.20 of the penal law, arson in the
  fourth  degree  as  defined in section 150.05 of the penal law, arson in
  the third degree as defined in section 150.10 of the penal law, arson in
  the second degree as defined in section 150.15 of the penal  law,  arson
  in the first degree as defined in section 150.20 of the penal law, grand
  larceny  in  the fourth degree as defined in section 155.30 of the penal
  law, grand larceny in the third degree as defined in section  155.35  of
  the  penal law, grand larceny in the second degree as defined in section
  155.40 of the penal law, grand larceny in the first degree as defined in
  section 155.42 of the penal law, health care fraud in the fourth  degree
  as  defined in section 177.10 of the penal law, health care fraud in the
  third degree as defined in section 177.15 of the penal law, health  care
  fraud  in  the  second  degree as defined in section 177.20 of the penal
  law, health care fraud in the first degree as defined in section  177.25
  of  the  penal  law,  robbery  in the third degree as defined in section

  160.05 of the penal law, robbery in the  second  degree  as  defined  in
  section  160.10 of the penal law, robbery in the first degree as defined
  in section 160.15 of the penal law, unlawful use  of  secret  scientific
  material  as  defined  in  section  165.07  of  the  penal law, criminal
  possession of stolen property in the fourth degree as defined in section
  165.45 of the penal law, criminal possession of stolen property  in  the
  third  degree  as  defined  in section 165.50 of the penal law, criminal
  possession of stolen property in the second degree as defined by section
  165.52 of the penal law, criminal possession of stolen property  in  the
  first  degree  as  defined by section 165.54 of the penal law, trademark
  counterfeiting in the second degree as defined in section 165.72 of  the
  penal  law,  trademark  counterfeiting in the first degree as defined in
  section 165.73 of the penal law, forgery in the second degree as defined
  in section 170.10 of the penal law,  forgery  in  the  first  degree  as
  defined  in  section  170.15  of the penal law, criminal possession of a
  forged instrument in the second degree as defined in section  170.25  of
  the  penal  law, criminal possession of a forged instrument in the first
  degree  as  defined  in  section  170.30  of  the  penal  law,  criminal
  possession  of forgery devices as defined in section 170.40 of the penal
  law, falsifying business records in  the  first  degree  as  defined  in
  section  175.10  of  the penal law, tampering with public records in the
  first degree as defined in section 175.25 of the penal law,  offering  a
  false  instrument  for  filing in the first degree as defined in section
  175.35 of the penal law, issuing  a  false  certificate  as  defined  in
  section  175.40  of  the  penal  law, criminal diversion of prescription
  medications and prescriptions in the second degree as defined in section
  178.20 of the penal law, criminal diversion of prescription  medications
  and  prescriptions  in  the first degree as defined in section 178.25 of
  the penal law, residential  mortgage  fraud  in  the  fourth  degree  as
  defined  in  section 187.10 of the penal law, residential mortgage fraud
  in the third degree as defined in  section  187.15  of  the  penal  law,
  residential  mortgage  fraud  in the second degree as defined in section
  187.20 of the penal law, residential mortgage fraud in the first  degree
  as  defined  in  section  187.25  of the penal law, escape in the second
  degree as defined in section 205.10 of the  penal  law,  escape  in  the
  first  degree  as defined in section 205.15 of the penal law, absconding
  from temporary release in the first degree as defined in section  205.17
  of  the  penal  law,  promoting prison contraband in the first degree as
  defined in section 205.25 of the penal law, hindering prosecution in the
  second degree as defined in section 205.60 of the penal  law,  hindering
  prosecution  in  the  first  degree  as defined in section 205.65 of the
  penal law, sex trafficking as defined in section  230.34  of  the  penal
  law,  criminal  possession of a weapon in the third degree as defined in
  subdivisions two, three and five of section 265.02  of  the  penal  law,
  criminal  possession  of  a  weapon  in  the second degree as defined in
  section 265.03 of the penal law, criminal possession of a weapon in  the
  first degree as defined in section 265.04 of the penal law, manufacture,
  transport,   disposition   and   defacement  of  weapons  and  dangerous
  instruments and appliances defined as felonies in subdivisions one, two,
  and three of section 265.10 of the penal law,  sections  265.11,  265.12
  and  265.13 of the penal law, or prohibited use of weapons as defined in
  subdivision two of section 265.35 of the penal law, relating to firearms
  and other dangerous weapons, or failure to  disclose  the  origin  of  a
  recording  in the first degree as defined in section 275.40 of the penal
  law;
    * (c) Criminal possession of a controlled  substance  in  the  seventh
  degree  as  defined  in  section  220.03  of  the  penal  law,  criminal
  possession of a controlled substance in the fifth degree as  defined  in

  section  220.06  of  the  penal law, criminal possession of a controlled
  substance in the fourth degree as defined in section 220.09 of the penal
  law, criminal possession of a controlled substance in the  third  degree
  as  defined in section 220.16 of the penal law, criminal possession of a
  controlled substance in the second degree as defined in  section  220.18
  of  the  penal law, criminal possession of a controlled substance in the
  first degree as defined in section 220.21 of  the  penal  law,  criminal
  sale of a controlled substance in the fifth degree as defined in section
  220.31  of the penal law, criminal sale of a controlled substance in the
  fourth degree as defined in section 220.34 of the  penal  law,  criminal
  sale of a controlled substance in the third degree as defined in section
  220.39  of the penal law, criminal sale of a controlled substance in the
  second degree as defined in section 220.41 of the  penal  law,  criminal
  sale of a controlled substance in the first degree as defined in section
  220.43  of  the penal law, criminally possessing a hypodermic instrument
  as defined in section 220.45 of the penal law,  criminal  possession  of
  methamphetamine  manufacturing  material in the second degree as defined
  in  section  220.70  of  the   penal   law,   criminal   possession   of
  methamphetamine manufacturing material in the first degree as defined in
  section  220.71  of  the penal law, criminal possession of precursors of
  methamphetamine as defined in section 220.72 of the penal law,  unlawful
  manufacture of methamphetamine in the third degree as defined in section
  220.73  of the penal law, unlawful manufacture of methamphetamine in the
  second degree as defined in section 220.74 of the  penal  law,  unlawful
  manufacture of methamphetamine in the first degree as defined in section
  220.75 of the penal law, unlawful disposal of methamphetamine laboratory
  material  as  defined  in  section  220.76  of  the  penal law, criminal
  possession of marihuana in the first degree as defined in section 221.30
  of the penal law, criminal sale of marihuana  in  the  first  degree  as
  defined  in  section  221.55 of the penal law, promoting gambling in the
  second degree as defined in section 225.05 of the penal  law,  promoting
  gambling  in  the first degree as defined in section 225.10 of the penal
  law, possession of gambling records in the second degree as  defined  in
  section  225.15  of the penal law, possession of gambling records in the
  first degree as  defined  in  section  225.20  of  the  penal  law,  and
  possession  of  a  gambling  device  as defined in section 225.30 of the
  penal law;
    * NB Effective until November 1, 2009
    * (c) Criminal possession of a controlled  substance  in  the  seventh
  degree  as  defined  in  section  220.03  of  the  penal  law,  criminal
  possession of a controlled substance in the fifth degree as  defined  in
  section  220.06  of  the  penal law, criminal possession of a controlled
  substance in the fourth degree as defined in section 220.09 of the penal
  law, criminal possession of a controlled substance in the  third  degree
  as  defined in section 220.16 of the penal law, criminal possession of a
  controlled substance in the second degree as defined in  section  220.18
  of  the  penal law, criminal possession of a controlled substance in the
  first degree as defined in section 220.21 of  the  penal  law,  criminal
  sale of a controlled substance in the fifth degree as defined in section
  220.31  of the penal law, criminal sale of a controlled substance in the
  fourth degree as defined in section 220.34 of the  penal  law,  criminal
  sale of a controlled substance in the third degree as defined in section
  220.39  of the penal law, criminal sale of a controlled substance in the
  second degree as defined in section 220.41 of the  penal  law,  criminal
  sale of a controlled substance in the first degree as defined in section
  220.43  of  the penal law, criminally possessing a hypodermic instrument
  as defined in section 220.45 of the penal law,  criminal  possession  of
  methamphetamine  manufacturing  material in the second degree as defined

  in  section  220.70  of  the   penal   law,   criminal   possession   of
  methamphetamine manufacturing material in the first degree as defined in
  section  220.71  of  the penal law, criminal possession of precursors of
  methamphetamine  as defined in section 220.72 of the penal law, unlawful
  manufacture of methamphetamine in the third degree as defined in section
  220.73 of the penal law, unlawful manufacture of methamphetamine in  the
  second  degree  as  defined in section 220.74 of the penal law, unlawful
  manufacture of methamphetamine in the first degree as defined in section
  220.75 of the penal law, unlawful disposal of methamphetamine laboratory
  material as defined in section 220.76 of the penal law, operating  as  a
  major trafficker as defined in section 220.77 of the penal law, criminal
  possession of marihuana in the first degree as defined in section 221.30
  of  the  penal  law,  criminal  sale of marihuana in the first degree as
  defined in section 221.55 of the penal law, promoting  gambling  in  the
  second  degree  as defined in section 225.05 of the penal law, promoting
  gambling in the first degree as defined in section 225.10 of  the  penal
  law,  possession  of gambling records in the second degree as defined in
  section 225.15 of the penal law, possession of gambling records  in  the
  first  degree  as  defined  in  section  225.20  of  the  penal law, and
  possession of a gambling device as defined  in  section  225.30  of  the
  penal law;
    * NB Effective November 1, 2009
    (d)  Commercial  bribing,  commercial bribe receiving, bribing a labor
  official, bribe receiving by a labor official, sports bribing and sports
  bribe receiving, as defined in article one hundred eighty of  the  penal
  law;
    (e)  Criminal  usury,  as defined in article one hundred ninety of the
  penal law;
    (f) Bribery in the third degree, bribery in the second degree, bribery
  in the  first  degree,  bribe  receiving  in  the  third  degree,  bribe
  receiving  in  the  second  degree, bribe receiving in the first degree,
  bribe giving for public office and bribe receiving for public office, as
  defined in article two hundred of the penal law;
    (g) Bribing a witness, bribe receiving by a witness, bribing  a  juror
  and  bribe  receiving  by  a  juror,  as  defined in article two hundred
  fifteen of the penal law;
    (h) Promoting prostitution in the first degree, as defined in  section
  230.32 of the penal law, promoting prostitution in the second degree, as
  defined by subdivision one of section 230.30 of the penal law;
    (i)  Riot  in  the  first  degree  and criminal anarchy, as defined in
  article two hundred forty of the penal law;
    (j) Eavesdropping, as defined in article  two  hundred  fifty  of  the
  penal law;
    (k)  Any  of  the  acts designated as felonies in subdivisions two and
  four of section four hundred eighty-one of the tax  law,  which  section
  relates  to  penalties  under  the  tax on cigarettes imposed by article
  twenty of such law, and any  of  the  acts  designated  as  felonies  in
  subdivision  c of section 11-1317 of the administrative code of the city
  of New York, which section relates to penalties under the cigarette  tax
  imposed by chapter thirteen of title eleven of such code.
    (l)  Scheme  to  defraud in the first degree as defined in article one
  hundred ninety of the penal law.
    (m) Any of the acts designated as felonies in  section  three  hundred
  fifty-two-c of the general business law.
    (n)  Any  of  the acts designated as felonies in title twenty-seven of
  article seventy-one of the environmental conservation law.
    (o) Money laundering in the first degree, as defined in section 470.20
  of the penal law, money laundering in the second degree  as  defined  in

  section 470.15 of the penal law, money laundering in the third degree as
  defined  in  section  470.10  of  such  law, and money laundering in the
  fourth degree as defined in  section  470.05  of  such  law,  where  the
  property  involved  represents  or  is represented to be the proceeds of
  specified criminal conduct which itself constitutes a designated offense
  within the meaning of this subdivision.
    (p) Stalking in the second degree as defined in section 120.55 of  the
  penal law, and stalking in the first degree as defined in section 120.60
  of the penal law.
    (q)  Soliciting  or  providing  support for an act of terrorism in the
  second degree as defined in section 490.10 of the penal law,  soliciting
  or  providing  support  for  an  act of terrorism in the first degree as
  defined in section 490.15 of the penal law, making a terroristic  threat
  as  defined  in  section  490.20 of the penal law, crime of terrorism as
  defined in section 490.25 of the penal  law,  hindering  prosecution  of
  terrorism in the second degree as defined in section 490.30 of the penal
  law,  hindering  prosecution of terrorism in the first degree as defined
  in section 490.35 of the penal law, criminal possession  of  a  chemical
  weapon  or  biological  weapon in the third degree as defined in section
  490.37 of the penal law, criminal possession of  a  chemical  weapon  or
  biological  weapon  in the second degree as defined in section 490.40 of
  the penal law, criminal possession of a chemical  weapon  or  biological
  weapon  in  the  first  degree as defined in section 490.45 of the penal
  law, criminal use of a chemical weapon or biological weapon in the third
  degree as defined in section 490.47 of the penal law, criminal use of  a
  chemical  weapon or biological weapon in the second degree as defined in
  section 490.50 of the penal law, and criminal use of a  chemical  weapon
  or biological weapon in the first degree as defined in section 490.55 of
  the penal law.
    (r)  Falsely  reporting an incident in the second degree as defined in
  section 240.55 of the penal law, falsely reporting an  incident  in  the
  first  degree  as  defined in section 240.60 of the penal law, placing a
  false bomb in the second degree as defined  in  section  240.61  of  the
  penal  law,  placing  a  false  bomb  in  the first degree as defined in
  section 240.62 of the penal law, and placing a false bomb  in  a  sports
  stadium or arena, mass transportation facility or enclosed shopping mall
  as defined in section 240.63 of the penal law.
    (s)  Identity theft in the second degree, as defined in section 190.79
  of the penal law, identity theft in the  first  degree,  as  defined  in
  section  190.80  of  the  penal  law,  unlawful  possession  of personal
  identification information in the second degree, as defined  in  section
  190.82   of   the   penal  law,  and  unlawful  possession  of  personal
  identification information in the first degree, as  defined  in  section
  190.83 of the penal law.
    (t)  Menacing  a police officer or peace officer as defined in section
  120.18 of the penal law; aggravated  criminally  negligent  homicide  as
  defined  in  section 125.11 of the penal law; aggravated manslaughter in
  the second degree as  defined  in  section  125.21  of  the  penal  law;
  aggravated manslaughter in the first degree as defined in section 125.22
  of  the penal law; aggravated murder as defined in section 125.26 of the
  penal law.
    9. "Video surveillance" means the intentional  visual  observation  by
  law  enforcement  of  a  person by means of a television camera or other
  electronic device that is part of a television  transmitting  apparatus,
  whether  or  not  such  observation  is  recorded on film or video tape,
  without the consent of that person or another person thereat  and  under
  circumstances  in  which  such  observation  in  the  absence of a video

  surveillance warrant infringes upon such person's reasonable expectation
  of privacy under the constitution of this state or of the United States.
    10.   "Video  surveillance  warrant"  means  an  order  of  a  justice
  authorizing or approving video surveillance.