Section 7-303 - Interference with cable television service.
§ 7-303. Interference with cable television service.
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) "Cable television company" means a franchised or private cable television company.
(3) "Cable television service" means:
(i) cable and satellite cable programming;
(ii) service provided by or through the facility of a cable television system or a closed circuit coaxial cable communication system; or
(iii) a microwave, satellite, or similar transmission service used with a cable television system or a closed circuit coaxial cable communication system.
(b) Prima facie evidence of intent.-
(1) Destroying, damaging, cutting, tampering with, installing, tapping, removing, displacing, or connecting with a wire, conduit, apparatus, or other equipment of a cable television company is prima facie evidence of an intent to receive cable television services without payment.
(2) Actual possession of a device designed to facilitate an act prohibited by this section, or possession and control of a quantity of those devices indicating possession for resale, is prima facie evidence of an intent to violate this section.
(c) Prohibited.- A person may not:
(1) destroy, damage, cut, tamper with, install, tap, remove, displace, or connect with a wire, conduit, apparatus, or other equipment of a cable television company with the intent to receive cable television services without payment;
(2) prevent, obstruct, or delay the sending, conveyance, distribution, or receiving of programming material transmitted by a cable television company;
(3) with the intent to deprive a person of lawful compensation, receive, attempt to receive, or assist another to receive:
(i) cable television service by trick, use of a decoder, or other fraudulent means; or
(ii) satellite cable programming that is:
1. offered for sale in the person's area through an unauthorized marketing system; or
2. received by decoding encrypted satellite cable programming;
(4) without authority from the cable television company, connect with a cable, wire, component, or other device used to distribute cable television service;
(5) alter:
(i) a device installed with the authorization of a cable television company to intercept or receive a program or service carried by the company; or
(ii) equipment capable of decoding encrypted satellite cable programming to intercept or receive satellite cable programming; or
(6) sell, rent, or offer for sale or rent a device or a plan for a device knowing that the recipient intends to use the device or to plan to do an act prohibited by this section.
(d) Penalty.-
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(i) for a first violation, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; or
(ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.
(2) A person who commits an act prohibited by this section for payment or offer of payment is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(e) Injunctive relief.- A cable television company may bring an action to enjoin a violation of this section.
(f) Civil liability.- In addition to the penalties under subsection (d) of this section, a person who violates subsection (c)(3) or (6) of this section is liable to the aggrieved cable television company for all appropriate civil damages awarded by a court.
(g) Seizure and forfeiture.- A device used to violate this section is subject to seizure by and forfeiture to the State.
[An. Code 1957, art. 27, § 194B; 2002, ch. 26, § 2.]