CHAPTER 13. UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICES
IC 35-45-13
Chapter 13. Unauthorized Use of Telecommunications Services
IC 35-45-13-1
"Manufacture of an unlawful telecommunications device" defined
Sec. 1. As used in this chapter, "manufacture of an unlawfultelecommunications device" means:
(1) the production or assembly of an unlawfultelecommunications device; or
(2) the modification, alteration, programming, orreprogramming of a telecommunications device to render itcapable of acquiring or facilitating the acquisition oftelecommunications service without the consent of thetelecommunications service provider.
As added by P.L.216-1996, SEC.23.
IC 35-45-13-2
"Publish" defined
Sec. 2. As used in this chapter, "publish" means thecommunication or dissemination of information to at least one (1)person by any of the following methods:
(1) Orally.
(2) In person.
(3) By telephone, radio, or television.
(4) In a writing of any kind, including a letter, memorandum,circular handbill, newspaper, magazine article, or book.
As added by P.L.216-1996, SEC.23.
IC 35-45-13-3
"Telecommunications device" defined
Sec. 3. As used in this chapter, "telecommunications device"means:
(1) a type of instrument, device, machine, or piece of equipmentthat is capable of transmitting or receiving telephonic,electronic, or radio communications;
(2) a part of an instrument, a device, a machine, or a piece ofequipment that is capable of transmitting or receivingtelephonic, electronic, or radio communications; or
(3) a computer circuit, a computer chip, an electronicmechanism, or any other component that is capable offacilitating the transmission or reception of telephonic,electronic, or radio communications.
As added by P.L.216-1996, SEC.23.
IC 35-45-13-4
"Telecommunications service" defined
Sec. 4. As used in this chapter, "telecommunications service"means a service provided for a charge or compensation to facilitatethe origination, transmission, emission, or reception of signs, signals,data, writings, images, sounds, or intelligence of any nature by: (1) telephone, including cellular or other wireless telephones;
(2) wire;
(3) radio; or
(4) an electromagnetic, a photoelectronic, or a photo-opticalsystem.
As added by P.L.216-1996, SEC.23.
IC 35-45-13-5
"Telecommunications service provider" defined
Sec. 5. As used in this chapter, "telecommunications serviceprovider" means a person or an entity:
(1) providing telecommunications service, including a cellular,paging, or other wireless communications company; or
(2) that, for a fee, supplies the facility, cell site, mobiletelephone switching office, or other equipment for atelecommunications service.
As added by P.L.216-1996, SEC.23.
IC 35-45-13-6
"Unlawful telecommunications device" defined
Sec. 6. (a) As used in this chapter, "unlawful telecommunicationsdevice" means a telecommunications device that:
(1) is capable of; or
(2) has been altered, modified, programmed, or reprogrammed,alone or in conjunction with another access device or otherequipment, to render the telecommunications device capable of;
acquiring or facilitating the acquisition of an electronic serialnumber, a mobile identification number, or a personal identificationnumber of any telecommunications service without the consent of atelecommunications service provider.
(b) The term does not include a device operated by a lawenforcement agency in the course of its activities.
As added by P.L.216-1996, SEC.23.
IC 35-45-13-7
Unauthorized use of telecommunication services
Sec. 7. A person who knowingly or intentionally:
(1) makes, distributes, possesses, uses, or assembles anunlawful telecommunications device that is designed, adapted,or used to:
(A) commit a theft of telecommunications service;
(B) acquire or facilitate the acquisition oftelecommunications service without the consent of thetelecommunications service provider; or
(C) conceal, or assist another in concealing, from atelecommunication services provider or authority, or fromanother person with enforcement authority, the existence orplace of origin or destination of telecommunications;
(2) sells, possesses, distributes, gives, transports, or otherwisetransfers to another or offers or advertises for sale: (A) an unlawful telecommunications device, with the intentto use the unlawful telecommunications device or allow thedevice to be used for a purpose described in subdivision (1),or while knowing or having reason to believe that the deviceis intended to be so used;
(B) plans or instructions for making or assembling anunlawful telecommunications device, knowing or havingreason to believe that the plans or instructions are intendedto be used for making or assembling an unlawfultelecommunications device; or
(C) material, including hardware, cables, tools, data,computer software, or other information or equipment,knowing that the purchaser or a third person intends to usethe material in the manufacture of an unlawfultelecommunications device; or
(3) publishes:
(A) the number or code of an existing, a canceled, a revoked,or a nonexistent telephone number, credit number, or othercredit device; or
(B) the method of numbering or coding that is employed inthe issuance of telephone numbers, credit numbers, or othercredit devices;
with knowledge or reason to believe that the information maybe used to avoid the payment of a lawful telephone or telegraphtoll charge;
commits unauthorized use of telecommunication services, a Class Amisdemeanor. However, if the commission of the offense involves atleast five (5) unlawful telecommunications devices the offense is aClass D felony.
As added by P.L.216-1996, SEC.23.
IC 35-45-13-8
Restitution; civil action to obtain relief
Sec. 8. (a) The court may, in addition to any other sentenceimposed for a conviction under this chapter, order a person convictedunder this chapter to make restitution for the offense.
(b) A person or an entity that is the victim of an offense under thischapter may, in a civil action brought in the circuit or superior courtin the county in which the person who committed the offense underthis chapter was convicted, obtain appropriate relief, includingpreliminary and other equitable or declaratory relief, compensatoryand punitive damages, reasonable investigation expense, court costs(including fees), and attorney's fees.
As added by P.L.216-1996, SEC.23. Amended by P.L.106-2010,SEC.16.