‘‘§ 3119. Cell-site simulators 
‘‘(a) PROHIBITION OF USE.—Except as provided in 
subsection (d), anyone who knowingly uses a cell-site sim-
ulator shall be punished as provided in subsection (b). 
‘‘(b) PENALTY.—The punishment for an offense 
under subsection (a) is a fine under this title or imprison-
ment for not more than 10 years, or both. 
‘‘(c) PROHIBITION OF USE AS EVIDENCE.—No infor-
mation acquired through the use of a cell-site simulator 
in violation of subsection (a), and no evidence derived 
therefrom, may be received in evidence in any trial, hear-
ing, or other proceeding in or before any court, grand jury, 
department, officer, agency, regulatory body, legislative 
committee, or other authority of the United States, a 
State, or a political subdivision thereof. 
‘‘(d) EXCEPTIONS.—Subsection (a) does not apply to 
the following: 
‘‘(1) WARRANT.—Use of a cell-site simulator by 
a governmental entity under a warrant issued under 
the procedures described in the Federal Rules of 
Criminal Procedure (or, in the case of a State court, 
issued under State warrant procedures) by a court 
of competent jurisdiction. 
‘‘(2) 
FOREIGN
INTELLIGENCE
SURVEIL-
LANCE.—Use of a cell-site simulator by a govern-
mental entity to conduct electronic surveillance 
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under the Foreign Intelligence Service Act of 1978 
(50 U.S.C. 1801 et seq.). 
‘‘(3) EMERGENCY.—Subject to subsection (e), 
use of a cell-site simulator by a governmental entity, 
if— 
‘‘(A) such governmental entity reasonably 
determines an emergency exists that— 
‘‘(i) involves— 
‘‘(I) immediate danger of death 
or serious physical injury to any per-
son; 
‘‘(II) 
conspiratorial 
activities 
threatening the national security in-
terest; or 
‘‘(III) 
conspiratorial 
activities 
characteristic of organized crime; and 
‘‘(ii) requires use of a cell-site simu-
lator before a warrant can, with due dili-
gence, be obtained; 
‘‘(B) there are grounds upon which a war-
rant could be entered to authorize such use; 
and 
‘‘(C) such governmental entity applies for 
a warrant approving such use not later than 48 
hours after such use begins. 
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‘‘(e) TERMINATION OF EMERGENCY USE.— 
‘‘(1) IN GENERAL.—A governmental entity shall 
immediately terminate use of a cell-site simulator 
under subsection (d)(3) when the information sought 
is obtained or when the application for a warrant is 
denied, whichever is earlier. 
‘‘(2) PROHIBITION ON USE AS EVIDENCE.—If 
an application for a warrant under subsection (d)(3) 
is denied, any information or evidence derived from 
use of the cell-site simulator shall be subject to sub-
section (c) and an inventory shall be served on each 
person named in the application. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the terms defined in section 2711 have, re-
spectively, the definitions given such terms in that 
section; and 
‘‘(2) the term ‘cell-site simulator’ means any 
device that simulates facilities for the provision of 
electronic communication service.’’. 
(b) CONFORMING AMENDMENTS.—Section 3127 of 
title 18, United States Code, is amended— 
(1) in paragraph (3) by striking ‘‘but such term 
does not include any’’ and inserting ‘‘except such 
term does not include any cell-site simulator, as that 
term is defined in section 3119, or’’; and 
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(2) in paragraph (4) by striking ‘‘of any com-
munication’’ and inserting ‘‘of any communication, 
except such term does not include any cell-site simu-
lator, as that term is defined in section 3119’’. 
Æ 
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