13-3719. Obtaining wireless telecommunications
services or wireless telecommunications devices fraudulently;
manufacturing, distributing and selling unauthorized decoding
devices; classification; definitions
A. A person who with the intent to defraud another person of any part of the lawful
charge for services that are provided over or by a wireless telecommunications service or
wireless telecommunications device, who makes any unauthorized connection, whether
physically, electrically, acoustically, inductively or otherwise, or who attaches any
unauthorized device or devices to any cable, wire, microwave or other component of a
wireless telecommunications service or wireless telecommunications device, or to any
other instrument that is authorized to be attached to a wireless telecommunications
service or wireless telecommunications device is guilty of a class 2 misdemeanor.
B. A 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 wireless
telecommunications service or wireless telecommunications device without payment of the
charge for those services is guilty of a class 6 felony.
C. For the purposes of subsection B 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 wireless telecommunications service or wireless telecommunications
device 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 wireless telecommunications services or wireless
telecommunications devices without payment of the charge for those services.
D. For the purposes of subsection B, 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.
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. For the purposes of this section:
1. "Wireless telecommunications device" means an instrument, device, machine or
equipment that is capable of transmitting or receiving telephonic, electronic or radio
communications or any part of an instrument, device, machine or equipment. Wireless
telecommunications device includes computer circuits, computer chips, electronic
mechanisms or other components that are capable of facilitating the transmission or
reception of telephonic, electronic or radio communications.
2. "Wireless telecommunications service" includes any service that is provided for
a charge or compensation to facilitate the origination, transmission, emission or
reception of signs, signals, data, writings, images and sounds or intelligence of any
nature by wireless telephone equipment, including cellular telephone, wire, radio
electromagnetic, photoelectronic or photo-optical system.
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