77-23a-8. Court order to authorize or approve interception -- Procedure.
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Effective 5/6/2026
77-23a-8. Court order to authorize or approve interception -- Procedure.
(1)The attorney general of the state, any assistant attorney general specially designated by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy district attorney specially designated by the county attorney or by the district attorney, may authorize an application to a judge of competent jurisdiction for an order for an interception of wire, electronic, or oral communications by any law enforcement agency of the state, the federal government or of any political subdivision of the state that is responsible for investigating the type of offense for which the application is made.
(2)The judge may grant the order in conformity with the required procedures when the interception sought may provide or has provided evidence of the commission of:
(a)an act:
(i)prohibited by the criminal provisions of:
(A)Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances;
(B)Title 58, Chapter 37c, Controlled Substance Precursors; or
(C)Title 76, Chapter 18, Part 5, Clandestine Drug Labs; and
(ii)punishable by a term of imprisonment of more than one year;
(b)an act prohibited by the criminal provisions under Title 61, Chapter 1 , Utah Uniform Securities Act, and punishable by a term of imprisonment of more than one year;
(c)an offense:
(i)of:
(A)attempt under Section 76-4-101 ;
(B)conspiracy under Section 76-4-201 ;
(C)criminal solicitation of an adult, Section 76-4-203 ; or
(D)criminal solicitation of a minor, Section 76-4-205 ; and
(ii)punishable by a term of imprisonment of more than one year;
(d)a threat of terrorism offense punishable by a maximum term of imprisonment of more than one year under Section 76-5-107.3 ;
(i)aggravated murder under Section 76-5-202 ;
(ii)murder under Section 76-5-203 ;
(iii)manslaughter under Section 76-5-205 ; or
(iv)aiding or encouraging suicide under Section 76-5-211 ;
(i)kidnapping under Section 76-5-301 ;
(ii)child kidnapping under Section 76-5-301.1 ;
(iii)aggravated kidnapping under Section 76-5-302 ;
(iv)human trafficking for labor under Section 76-5-308 ;
(v)human trafficking for commercial sexual exploitation under Section 76-5-308.1 ;
(vi)human trafficking of a child for labor under Section 76-5-308.5 ;
(vii)human trafficking of a child for commercial sexual exploitation under Section 76-5-308.6 ;
(viii)aggravated human trafficking for labor under Section 76-5-310 ;
(ix)aggravated human trafficking for commercial sexual exploitation under Section 76-5-310.2 ;
(x)human trafficking of a vulnerable adult for labor under Section 76-5-311 ;
(xi)human trafficking of a vulnerable adult for commercial sexual exploitation under Section 76-5-312 ;
(xii)human smuggling under Section 76-5-316 ; or
(xiii)aggravated human smuggling under Section 76-5-317 ;
(i)arson under Section 76-6-102 ; or
(ii)aggravated arson under Section 76-6-103 ;
(i)burglary under Section 76-6-202 ; or
(ii)aggravated burglary under Section 76-6-203 ;
(i)robbery under Section 76-6-301 ; or
(ii)aggravated robbery under Section 76-6-302 ;
(j)an offense:
(i)of:
(A)theft under Section 76-6-404 ;
(B)theft by deception under Section 76-6-405 ; or
(C)theft by extortion under Section 76-6-406 ; and
(ii)punishable by a maximum term of imprisonment of more than one year;
(k)an offense of receiving stolen property that is punishable by a maximum term of imprisonment of more than one year under Section 76-6-408 ;
(l)a financial card transaction offense punishable by a maximum term of imprisonment of more than one year under Section 76-6-506.2 , 76-6-506.3 , or 76-6-506.6 ;
(m)bribery of a labor official under Section 76-6-509 ;
(n)bribery or threat to influence a publicly exhibited contest under Section 76-6-514 ;
(o)a criminal simulation offense punishable by a maximum term of imprisonment of more than one year under Section 76-6-518 ;
(p)criminal usury under Section 76-6-520 ;
(q)insurance fraud punishable by a maximum term of imprisonment of more than one year under Section 76-6-521 ;
(r)a violation under Title 76, Chapter 6, Part 7 , Utah Computer Crimes Act, punishable by a maximum term of imprisonment of more than one year under Section 76-6-703 ;
(s)bribery to influence official or political actions under Section 76-8-103 ;
(t)misusing public money or public property under Section 76-8-402 ;
(u)tampering with a witness under Section 76-8-508 ;
(v)retaliation against a witness, victim, or informant under Section 76-8-508.3 ;
(w)tampering or retaliating against a juror under Section 76-8-508.5 ;
(x)receiving or soliciting a bribe as a witness under Section 76-8-508.7 ;
(y)extortion or bribery to dismiss a criminal proceeding under Section 76-8-509 ;
(z)obstruction of justice in a criminal investigation or proceeding under Section 76-8-306 ;
(aa)harboring or concealing offender who has escaped from official custody under Section 76-8-309.2 ;
(bb)destruction of property to interfere with preparations for defense or war under Section 76-8-802 ;
(cc)an attempt to commit crimes of sabotage under Section 76-8-804 ;
(dd)conspiracy to commit crimes of sabotage under Section 76-8-805 ;
(ee)advocating criminal syndicalism or sabotage under Section 76-8-902 ;
(ff)assembling for advocating criminal syndicalism or sabotage under Section 76-8-903 ;
(gg)riot punishable by a maximum term of imprisonment of more than one year under Section 76-9-101 ;
(hh)dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a maximum term of imprisonment of more than one year under Section 76-13-205 ;
(ii)delivery to a common carrier or mailing of an explosive, chemical, or incendiary device under Section 76-15-209 ;
(jj)unlawful conduct involving an explosive, chemical, or incendiary device under Section 76-15-210 ;
(kk)unlawful conduct involving an explosive, chemical, or incendiary part under Section 76-15-211 ;
(ll)exploiting prostitution under Section 76-5d-207 ;
(mm)aggravated exploitation of prostitution under Section 76-5d-208 ;
(nn)bus hijacking under Section 76-9-1502 ;
(oo)assault with intent to commit bus hijacking under Section 76-9-1503 ;
(pp)unlawful discharge of a firearm or hurling of a missile into a bus or terminal under Section 76-9-1504 ;
(qq)violations under Title 76, Chapter 17, Part 4 , Offenses Concerning Patterns of Unlawful Activity, and the offenses listed under the definition of unlawful activity in the act, including the offenses not punishable by a maximum term of imprisonment of more than one year when those offenses are investigated as predicates for the offenses prohibited by the act under Section 76-17-401 ;
(rr)communications fraud under Section 76-6-525 ;
(ss)money laundering under Sections 76-9-1602 and 76-9-1603 ; or
(tt)reporting by a person engaged in a trade or business when the offense is punishable by a maximum term of imprisonment of more than one year under Section 76-9-1604 .
Amended by Chapter 330 , 2026 General Session