US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 67
                           COMMUNICATIONS SECURITY
    18-6713.  THEFT OF TELECOMMUNICATION SERVICES. (1) As used in this
section:
    (a)  "Clone cellular telephone" or "counterfeit cellular telephone" is a
    cellular telephone whose electronic serial number has been altered from
    the electronic serial number that was programmed in the telephone by the
    manufacturer by someone other than the manufacturer.
    (b)  "Cloning paraphernalia" means materials that, when possessed in
    combination, are capable of creating a cloned cellular telephone. These
    materials include: scanners to intercept the electronic serial number and
    mobile identification number, cellular telephones, cables, EPROM chips,
    EPROM burners, software for  programming the cloned phone with a false
    electronic serial number and mobile identification number combination, a
    computer containing such software and lists of  electronic serial number
    and mobile identification number combinations.
    (c)  "Electronic serial number" means the unique number that was
    programmed into a cellular telephone by its manufacturer which is
    transmitted by the cellular  phone and used by cellular telephone
    providers to validate radio transmissions to the system as having been
    made by an authorized device.
    (d)  "EPROM" or "erasable programmable read-only memory" means an
    integrated circuit memory that can be programmed from an external source
    and erased, for reprogramming, by exposure to ultraviolet light.
    (e)  "Illegal telecommunications equipment" means any instrument,
    apparatus, equipment, or device which is designed or adapted, and
    otherwise used or intended to be used for the theft of any
    telecommunication service or for concealing from any supplier of
    telecommunication service or lawful authority the existence, place of
    origin, use or destination of any telecommunication.
    (f)  "Intercept" means to electronically capture, record, reveal or
    otherwise access the signals emitted or received during the operation of a
    cellular telephone without the consent of the sender or receiver of the
    signals, by means of any instrument, device or equipment.
    (g)  "Mobile identification number" means the cellular telephone number
    assigned to the cellular telephone by the cellular telephone carrier.
    (h)  "Possess" means to have physical possession or otherwise to exercise
    dominion or control over tangible property.
    (i)  "Telecommunication service" means a service which, in exchange for a
    pecuniary consideration, provides or offers to provide transmission of
    messages, signals, facsimiles, video images or other communication between
    persons who are physically separated from each other by means of
    telephone, telegraph, cable, wire, or the projection of energy without
    physical connection.
    (2)  It is unlawful intentionally to:
    (a)  Make illegal telecommunications equipment; or
    (b)  Sell, give, or furnish to another or advertise or offer for sale
    illegal telecommunications equipment; or
    (c)  Sell, give, or furnish to another or advertise or offer for sale any
    plans or instructions for making, assembling, or using illegal
    telecommunications equipment; or
    (d)  Use or possess illegal telecommunications equipment.
    (3)  It is unlawful intentionally to:
    (a)  Make clone cellular telephones; or
    (b)  Sell, give or furnish to another or advertise or offer for sale clone
    cellular telephones; or
    (c)  Sell, give or furnish to another or advertise or offer for sale any
    plans or instructions for making, assembling, or using clone cellular
    telephones; or
    (d)  Use or possess illegal cloning paraphernalia; or
    (e)  Use a clone cellular telephone or counterfeit telephone to facilitate
    the commission of a felony.
    (4)  It is theft of telecommunications services to use, receive, or
control telecommunications services without paying the pecuniary consideration
regularly charged by the supplier of the telecommunication services used,
received or controlled.
    (a)  Actual knowledge by the supplier of the telecommunication services
    that a person is or has been using, receiving or controlling the services
    shall not be a defense to the crime of theft of telecommunication
    services.
    (5)  A person who violates the provisions of subsection (2)(d) of this
section commits a crime and shall be punished as follows:
    (a)  The first conviction shall be a misdemeanor, which shall be punished
    by a fine not to exceed one thousand dollars ($1,000) or by imprisonment
    in the county jail for a term not to exceed six (6) months, or by both
    such fine and imprisonment.
    (b)  Conviction of a second or subsequent violation shall be punished by a
    fine not to exceed one thousand dollars ($1,000) or by imprisonment in the
    county jail for a term not to exceed one (1) year, or by both such fine
    and imprisonment.
    (6)  A person who violates the provisions of either subsection (2)(a), (b)
or (c) of this section commits a misdemeanor and shall be punished by a fine
not to exceed one thousand dollars ($1,000), or by imprisonment in the county
jail for a term not to exceed one (1) year, or by both such fine and
imprisonment.
    (7)  A person who violates the provisions of subsection (3) of this
section commits a felony.
    (8)  In a prosecution for violation of the provisions of subsection (2),
(3) or (4) of this section, the element of intent may be established by proof
that the defendant obtained such services by any of the following means:
    (a)  By use of a code, prearranged scheme, or other similar stratagem or
    device whereby said person, in effect, sends or receives  information;
    (b)  Without the consent of the supplier of the telecommunication
    services, the installation, connection, or alteration of any equipment,
    cable, wire, antenna or facilities capable of either physically,
    inductively, acoustically,  or electronically enabling a person to use,
    receive or control telecommunication services without paying the regular
    pecuniary charge;
    (c)  By any other trick, stratagem, impersonation, false pretense, false
    representation, false statement, contrivance, device, or means; or
    (d)  By making, assembling, or possessing any instrument, apparatus,
    equipment, or device or the plans or instructions for the making or
    assembling of any instrument, apparatus, equipment, or device which is
    designed, adapted, or otherwise used or intended to be used to avoid the
    lawful charge, in whole or in part, for any telecommunications service by
    concealing the use, existence, place of origin, or destination of any
    telecommunications.
    (9)  The supplier of telecommunication services which is directly affected
by the commission of any of the acts prohibited under subsections (2), (3) and
(4) of this section shall, regardless of whether there was a criminal
conviction, have a civil cause of action against the person who commits any of
the prohibited acts. The prevailing party shall be awarded all reasonable
costs of litigation including, but not limited to, attorney's fees and court
costs. If the supplier prevails, he shall recover additionally:
    (a)  Actual damages; or
    (b)  Liquidated damages of ten dollars ($10.00) per day for each day of
    the violation or five hundred dollars ($500), whichever is greater; or
    (c)  If actual damages are greater than five hundred dollars ($500), and,
    if proven, punitive damages.
    (10) Nothing in this section shall be construed to make unlawful the
interception or receipt by any person or the assisting, including the
manufacture or sale, of such interception or receipt, of any satellite cable
programs for private viewing as defined and specifically permitted under the
"Cable Communications Policy Act of 1984."