570.300. Theft of cable television service, penalty.
Theft of cable television service, penalty.
570.300. 1. A person commits the crime of theft of cable televisionservice if he:
(1) Knowingly obtains or attempts to obtain cable television servicewithout paying all lawful compensation to the operator of such service, bymeans of artifice, trick, deception or device; or
(2) Knowingly assists another person in obtaining or attempting toobtain cable television service without paying all lawful compensation tothe operator of such service; or
(3) Knowingly connects to, tampers with or otherwise interferes withany cables, wires or other devices used for the distribution of cabletelevision if the effect of such action is to obtain cable televisionwithout paying all lawful compensation therefor; or
(4) Knowingly sells, uses, manufactures, rents or offers for sale,rental or use any device, plan or kit designed and intended to obtain cabletelevision service in violation of this section; or
(5) Knowingly attempts to connect to, tamper with, or otherwiseinterfere with any cable television signal, cables, wires, devices, orequipment, which is used for the distribution of cable television and whichresults in the unauthorized use of a cable television system or thedisruption of the delivery of the cable television service. Nothing inthis section shall be construed to prohibit, restrict, or otherwise limitthe purchase, sale, or use of any products, including without limitationhardware, software, or other items, intended to provide services andfeatures to a customer who has lawfully obtained a connection from a cablecompany.
2. Theft of cable television service is a class C felony if the valueof the service appropriated is five hundred dollars or more or if the theftis a violation of subdivision (5) of subsection 1 of this section,otherwise theft of cable television services is a class A misdemeanor.
3. Any cable television operator may bring an action to enjoin andrestrain any violation of the provisions of this section or bring an actionfor conversion. In addition to any actual damages, an operator may beentitled to punitive damages and reasonable attorney fees in any case inwhich the court finds that the violation was committed willfully and forpurposes of commercial advantage. In the event of a defendant's verdictthe defendant may be entitled to reasonable attorney fees.
4. The existence on the property and in the actual possession of theaccused of any connection wire, or conductor, which is connected in such amanner as to permit the use of cable television service without the samebeing reported for payment to and specifically authorized by the operatorof the cable television service shall be sufficient to support an inferencewhich the trial court may submit to the trier of fact, from which the trierof fact may conclude that the accused has committed the crime of theft ofcable television service.
5. If a cable television company either:
(1) Provides unsolicited cable television service; or
(2) Fails to change or disconnect cable television service within tendays after receiving written notice to do so by the customer, the customermay deem such service to be a gift without any obligation to the cabletelevision company from ten days after such written notice is receiveduntil the service is changed or disconnected.
6. Nothing in this section shall be construed to render unlawful orprohibit an individual or other legal entity from owning or operating avideo cassette recorder or devices commonly known as a satellite receivingdish for the purpose of receiving and utilizing satellite-relayedtelevision signals for his own use.
7. As used in this section, the term "cable television service"includes microwave television transmission from a multipoint distributionservice not capable of reception by conventional television receiverswithout the use of special equipment.
(L. 1986 S.B. 450 § 18, A.L. 2002 H.B. 1888, A.L. 2005 H.B. 353)