570.190. 1. A person commits the crime of telephone service fraud ifthe person by deceit obtains or attempts to obtain telephone service withoutpaying the lawful charge, except that it shall not be unlawful for a person topurchase, rent or use telephones or telephone receiving equipment acquiredfrom a lawful source, other than the telephone utility certified to serve thearea in which such person resides.
2. A person commits the crime of electronic telephone fraud if theperson knowingly
(1) Uses, in connection with the making or receiving of a telephonecall; or
(2) Has possession of; or
(3) Transfers possession or causes the transfer of possession toanother; or
(4) Makes or assembles; an electronic or mechanical device which, when used in connection with atelephone call, will cause the billing system of a telephone company to recordincorrectly, or omit to record correctly, any fact by which the personresponsible for paying the charge for a telephone call is determined.
3. Venue for trial shall be as follows:
(1) An offense under subsection 1 and subdivision (1) of subsection 2which involves the placing of telephone calls may be deemed to have beencommitted at either the place at which the telephone calls were made, or atthe place where the telephone calls were received.
(2) An offense under subdivisions (2), (3) and (4) of subsection 2 maybe deemed to have been committed where the device was found, or at the placewhere the device was transferred or fabricated.
4. (1) An offense under subsection 1 shall be punished by a fine not toexceed five hundred dollars or by confinement in jail for not more than sixmonths, or both; except that if the telephone charges avoided or attempted tobe avoided pursuant to one scheme or course of conduct exceed fifty dollars,the offense shall be punished by a fine of not more than one thousand dollars,or by confinement in jail for not more than one year, or both.
(2) An offense under subdivisions (1) through (5) of subsection 2 shallbe punished by a fine of not more than one thousand dollars, confinement injail for not more than one year, or both; except that if defendant receivedconsideration from another as a consequence of the use, transfer, orfabrication of the device, the offense shall be punished as provided insubdivision (3) of subsection 4.
(3) If the defendant has been convicted previously of an offense underthis section or of an offense under the laws of another state of the UnitedStates which would have been an offense under this section if committed inthis state, then the offense shall be punished by a fine of not more than fivethousand dollars or by imprisonment by the department of corrections and humanresources for not less than two nor more than five years, or both.
5. A search warrant shall be issued by any court of competentjurisdiction upon a finding of probable cause to believe an instrument ordevice described in subsections 1 and 2 is housed in a particular structure,vehicle or upon the person.
570.190. 1. A person commits the crime of telephone service fraud ifthe person by deceit obtains or attempts to obtain telephone service withoutpaying the lawful charge, except that it shall not be unlawful for a person topurchase, rent or use telephones or telephone receiving equipment acquiredfrom a lawful source, other than the telephone utility certified to serve thearea in which such person resides.
2. A person commits the crime of electronic telephone fraud if theperson knowingly
(1) Uses, in connection with the making or receiving of a telephonecall; or
(2) Has possession of; or
(3) Transfers possession or causes the transfer of possession toanother; or
(4) Makes or assembles; an electronic or mechanical device which, when used in connection with atelephone call, will cause the billing system of a telephone company to recordincorrectly, or omit to record correctly, any fact by which the personresponsible for paying the charge for a telephone call is determined.
3. Venue for trial shall be as follows:
(1) An offense under subsection 1 and subdivision (1) of subsection 2which involves the placing of telephone calls may be deemed to have beencommitted at either the place at which the telephone calls were made, or atthe place where the telephone calls were received.
(2) An offense under subdivisions (2), (3) and (4) of subsection 2 maybe deemed to have been committed where the device was found, or at the placewhere the device was transferred or fabricated.
4. (1) An offense under subsection 1 shall be punished by a fine not toexceed five hundred dollars or by confinement in jail for not more than sixmonths, or both; except that if the telephone charges avoided or attempted tobe avoided pursuant to one scheme or course of conduct exceed fifty dollars,the offense shall be punished by a fine of not more than one thousand dollars,or by confinement in jail for not more than one year, or both.
(2) An offense under subdivisions (1) through (5) of subsection 2 shallbe punished by a fine of not more than one thousand dollars, confinement injail for not more than one year, or both; except that if defendant receivedconsideration from another as a consequence of the use, transfer, orfabrication of the device, the offense shall be punished as provided insubdivision (3) of subsection 4.
(3) If the defendant has been convicted previously of an offense underthis section or of an offense under the laws of another state of the UnitedStates which would have been an offense under this section if committed inthis state, then the offense shall be punished by a fine of not more than fivethousand dollars or by imprisonment by the department of corrections and humanresources for not less than two nor more than five years, or both.
5. A search warrant shall be issued by any court of competentjurisdiction upon a finding of probable cause to believe an instrument ordevice described in subsections 1 and 2 is housed in a particular structure,vehicle or upon the person.
570.190. 1. A person commits the crime of telephone service fraud ifthe person by deceit obtains or attempts to obtain telephone service withoutpaying the lawful charge, except that it shall not be unlawful for a person topurchase, rent or use telephones or telephone receiving equipment acquiredfrom a lawful source, other than the telephone utility certified to serve thearea in which such person resides.
2. A person commits the crime of electronic telephone fraud if theperson knowingly
(1) Uses, in connection with the making or receiving of a telephonecall; or
(2) Has possession of; or
(3) Transfers possession or causes the transfer of possession toanother; or
(4) Makes or assembles; an electronic or mechanical device which, when used in connection with atelephone call, will cause the billing system of a telephone company to recordincorrectly, or omit to record correctly, any fact by which the personresponsible for paying the charge for a telephone call is determined.
3. Venue for trial shall be as follows:
(1) An offense under subsection 1 and subdivision (1) of subsection 2which involves the placing of telephone calls may be deemed to have beencommitted at either the place at which the telephone calls were made, or atthe place where the telephone calls were received.
(2) An offense under subdivisions (2), (3) and (4) of subsection 2 maybe deemed to have been committed where the device was found, or at the placewhere the device was transferred or fabricated.
4. (1) An offense under subsection 1 shall be punished by a fine not toexceed five hundred dollars or by confinement in jail for not more than sixmonths, or both; except that if the telephone charges avoided or attempted tobe avoided pursuant to one scheme or course of conduct exceed fifty dollars,the offense shall be punished by a fine of not more than one thousand dollars,or by confinement in jail for not more than one year, or both.
(2) An offense under subdivisions (1) through (5) of subsection 2 shallbe punished by a fine of not more than one thousand dollars, confinement injail for not more than one year, or both; except that if defendant receivedconsideration from another as a consequence of the use, transfer, orfabrication of the device, the offense shall be punished as provided insubdivision (3) of subsection 4.
(3) If the defendant has been convicted previously of an offense underthis section or of an offense under the laws of another state of the UnitedStates which would have been an offense under this section if committed inthis state, then the offense shall be punished by a fine of not more than fivethousand dollars or by imprisonment by the department of corrections and humanresources for not less than two nor more than five years, or both.
5. A search warrant shall be issued by any court of competentjurisdiction upon a finding of probable cause to believe an instrument ordevice described in subsections 1 and 2 is housed in a particular structure,vehicle or upon the person.
