13-3709. Obtaining cable television services
fraudulently; manufacturing, distributing and selling unauthorized
decoding devices; classification; definition


A. Any person who with the intent to defraud another of any part of the lawful
charge for services that are provided over or by a licensed cable television system as
defined in section 9-505, makes any unauthorized connection, whether physically,
electrically, acoustically, inductively or otherwise, or attaches any unauthorized device
or devices to any cable, wire, microwave or other component of a licensed cable
television system, to a television set or to any other instrument that is authorized to
be attached to a cable television system is guilty of a class 2 misdemeanor.


B. Any person who manufactures, distributes, sells, rents, lends, offers or
advertises for sale, rental or use any device that the person intends to be used by
another person to obtain services that are provided over or by a licensed cable
television system without payment of the charge for those services is guilty of a class 6
felony.


C. For the purposes of subsection B of this section it is a rebuttable presumption
that the person intended that the device would be used by another person to obtain
services that are provided over or by a licensed cable television system without payment
of the charge for those services if, while advertising, selling, renting or lending the
device, the person states that the device will enable the person who receives the device
to obtain cable television or other services without payment of the charge for those
services.


D. For the purposes of subsection B of this section, it is a separate violation for
each individual device that is manufactured, distributed, sold, rented, lent, offered or
advertised for sale, rental or use in violation of subsection B of this section.


E. A person whose business or property is injured arising out of a violation of
this section may bring an action in superior court to recover damages or for an
injunction, or both. The successful party to the action may recover reasonable attorney
fees.


F. As used in this section "device" includes any component or combination of
components capable of converting a scrambled or coded cable television signal to a signal
usable on a standard television receiver.