§708-8202  Telecommunication service fraud
in the first degree.  (1)  A person commits the offense of
telecommunication service fraud in the first degree if the person:



(a) Knowingly publishes plans or instructions for
making, assembling, or using a telecommunication service device, or sells,
offers to sell, distributes, transfers, or otherwise makes available written
instructions, plans, or materials including hardware, cables, tools, data,
computer software, or other information or equipment to make or assemble a
telecommunication service device and knows that the written plans,
instructions, or materials are intended to be used to make or assemble a device
to obtain telecommunication service without payment of applicable charges;



(b) Knowingly makes, assembles, sells, offers to
sell, advertises, distributes, transports, transfers, or otherwise makes
available a telecommunication service device and knows that the device is
intended to be used to obtain telecommunication service without payment of
applicable charges; or



(c) With the intent to defraud another of the lawful
charge for any telecommunication service that is provided for a charge or
compensation:



(i)  Publishes, sells, offers for sale, or
otherwise makes available an access device, without obtaining the consent of
the holder of the access device or the telecommunication service provider;



(ii)  Uses an access device, without obtaining
the consent of the holder of the access device or the telecommunication service
provider, resulting in obtaining services, the value of which exceeds $300 in
any six-month period;



(iii)  Engages in a scheme constituting a
systematic and continuing course of conduct to obtain an access device from
another by false or fraudulent pretenses, representations, or promises and does
obtain an access device from the other person; or



(iv)  Uses a telecommunication service device
for the purpose of obtaining telecommunication services, the value of which
exceeds $300 in any six-month period, without obtaining the consent of the
holder of the telecommunication service device or the telecommunication service
provider.



(2)  For the purpose of this section:



"Access device" means any number or code
of an existing, canceled, revoked, or nonexistent telephone number, telephone
calling card number, credit card number, account number, personal
identification number, or other credit device or method of numbering or coding
which is employed in the issuance of telephone numbers, credit numbers, or
other credit devices that can be used to obtain telecommunication service.



"Holder of access device" means a
person or organization to which an access device has been issued by a
telecommunication service provider.



"Publish" means the communication or
dissemination of information to any one or more persons, either orally, in
person, or by telephone, radio, television, or computer, or in a writing of any
kind, including without limitation a letter, memorandum, circular, handbill,
newspaper, magazine article, or book.



(3)  Telecommunication service fraud in the
first degree is a class C felony. [L 1987, c 268, pt of §2; am L 1988, c 300,
§2; am L 1993, c 120, §2; am L 1996, c 222, §3]