§ 14-113.5. Making, distributing, possessing, transferring, or programming device for theft of telecommunication service; publication of information regarding schemes, devices, means, or methods for s
§14‑113.5. Making, distributing, possessing, transferring, or programmingdevice for theft of telecommunication service; publication of informationregarding schemes, devices, means, or methods for such theft; concealment ofexistence, origin or destination of any telecommunication.
(a) It shall beunlawful for any person knowingly to:
(1) Make, distribute,possess, use, or assemble an unlawful telecommunications device or modify,alter, program, or reprogram a telecommunication device designed, adapted, orwhich is used:
a. For commission of atheft of telecommunication service or to acquire or facilitate the acquisitionof telecommunications service without the consent of the telecommunicationservice provider in violation of this Article, or
b. To conceal, orassist another to conceal, from any supplier of a telecommunication serviceprovider or from any lawful authority the existence or place of origin or ofdestination of any telecommunication, or
(2) Sell, possess,distribute, give, transport, or otherwise transfer to another or offer oradvertise for sale any:
a. Unlawfultelecommunication device, or plans or instructions for making or assembling thesame under circumstances evincing an intent to use or employ the unlawfultelecommunication device, or to allow the same to be used or employed, for apurpose described in (1)a or (1)b above, or knowing or having reason to believethat the same is intended to be so used, or that the aforesaid plans orinstructions are intended to be used for making or assembling the unlawfultelecommunication device; or
b. Material, includinghardware, cables, tools, data, computer software or other information orequipment, knowing that the purchaser or a third person intends to use thematerial in the manufacture of an unlawful telecommunication device; or
(3) Publish plans orinstructions for making or assembling or using any unlawful telecommunicationdevice, or
(4) Publish the numberor code of an existing, cancelled, revoked or nonexistent telephone number,credit number or other credit device, or method of numbering or coding which isemployed in the issuance of telephone numbers, credit numbers or other creditdevices with knowledge or reason to believe that it may be used to avoid thepayment of any lawful telephone or telegraph toll charge under circumstancesevincing an intent to have the telephone number, credit number, credit deviceor method of numbering or coding so used.
(5) Repealed by SessionLaws 1995, c. 425, s. 1.
(b) Any unlawfultelecommunication device, plans, instructions, or publications described inthis section may be seized under warrant or incident to a lawful arrest for aviolation of this section. Upon the conviction of a person for a violation ofthis section, the court may order the sheriff of the county in which the personwas convicted to destroy as contraband or to otherwise lawfully dispose of theunlawful telecommunication device, plans, instructions, or publication.
(c) The followingdefinitions apply in this section and in G.S. 14‑113.6:
(1) Manufacture of anunlawful telecommunication device. The production or assembly of an unlawfultelecommunication device or the modification, alteration, programming orreprogramming of a telecommunication device to be capable of acquiring orfacilitating the acquisition of telecommunication service without the consentof the telecommunication service provider.
(2) Publish. Thecommunication or dissemination of information to any one or more persons,either orally, in person or by telephone, radio or television, or in a writingof any kind, including without limitation a letter or memorandum, circular orhandbill, newspaper or magazine article, or book.
(3) Telecommunicationdevice. Any type of instrument, device, machine or equipment that is capableof transmitting or receiving telephonic, electronic or radio communications, orany part of such instrument, device, machine or equipment, or any computercircuit, computer chip, electronic mechanism or other component that is capableof facilitating the transmission or reception of telephonic, electronic orradio communications.
(4) Telecommunicationservice. Any service provided for a charge or compensation to facilitate theorigination, transmission, emission or reception of signs, signals, data, writings,images, sounds or intelligence of any nature of telephone, including cellularor other wireless telephones, wire, radio, electromagnetic, photoelectronic orphoto‑optical system.
(5) Telecommunicationservice provider. A person or entity providing telecommunication service,including, a cellular, paging or other wireless communications company or otherperson or entity which, for a fee, supplies the facility, cell site, mobiletelephone switching office or other equipment or telecommunication service.
(6) Unlawfultelecommunication device. Any telecommunication device that is capable, orhas been altered, modified, programmed or reprogrammed alone or in conjunctionwith another access device or other equipment so as to be capable, of acquiringor facilitating the acquisition of any electronic serial number, mobileidentification number, personal identification number or any telecommunicationservice without the consent of the telecommunication service provider. The termincludes, telecommunications devices altered to obtain service without theconsent of the telecommunication service provider, tumbler phones, counterfeitor clone microchips, scanning receivers of wireless telecommunication serviceof a telecommunication service provider and other instruments capable ofdisguising their identity or location or of gaining access to a communicationssystem operated by a telecommunication service provider. This section shall notapply to any device operated by a law enforcement agency in the normal courseof its activities. (1965, c. 1147; 1971, c. 1213, s. 2; 1995, c. 425, s.1.)