§ 5-36-304 - Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services.
5-36-304. Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services.
(a) A person commits the offense of facilitating theft of wireless service if he or she:
(1) Makes, distributes, possesses, uses, assembles, modifies, alters, programs, or reprograms a wireless device for the purpose of:
(i) Commission of a theft of wireless service or to acquire or facilitate the acquisition of wireless service without the consent of the wireless service provider; or
(ii) Concealing or assisting another person to conceal from any wireless service provider or from any lawful authority the existence or place of origin or of destination of any wireless communication; or
(2) Sells, possesses, distributes, gives, or otherwise transfers to another or offers, promotes, or advertises for sale any wireless device or any plans or instructions for making or assembling a wireless device, under circumstances evidencing an intent to use or employ the wireless device, or to allow it to be used or employed, for a purpose described in subdivision (a)(1) of this section or knowing or having reason to believe that the wireless device is intended to be so used, or that the plans or instructions are intended to be used for making or assembling a wireless device intended to be used in violation of this subchapter.
(b) Facilitating theft of wireless service is a:
(1) Class A misdemeanor if the aggregate value of service obtained is five hundred dollars ($500) or less;
(2) Class C felony if the aggregate value of service obtained is more than five hundred dollars ($500) but less than twenty-five hundred dollars ($2500); or
(3) Class B felony if the:
(A) Aggregate value of service is twenty-five hundred dollars ($2500) or more;
(B) Conviction is for a second or subsequent offense; or
(C) Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction.