§ 11-35.1-2 - Criminal offense.
SECTION 11-35.1-2
§ 11-35.1-2 Criminal offense. – (a) A criminal offense is committed by:
(1) Any person who intentionally obtains or attempts toobtain telecommunication service by the use of an unlawful telecommunicationdevice.
(2) Any person who makes, distributes, possesses or assemblesan unlawful telecommunication device, or plans or instructions for making thesame, under circumstances evidencing an intent to use or employ such unlawfultelecommunication device.
(3) Any person who engages in the business for profit oreconomic gain of selling or offering for sale an unlawful telecommunicationdevice.
(b) A person is guilty of theft of telecommunications servicefor profit or economic gain when he or she:
(i) Engages in the business for profit or economic gain oftampering or making connection with the equipment of a supplier of atelecommunication service without the consent of the supplier, for the purposeof supplying that service on one or more occasions;
(ii) Engages in the business for profit or economic gain ofoffering for sale to any person other than the supplier of a telecommunicationservice any decoder, descrambler or other device or the unauthorized use of aconfidential identification or authorization code, the principal function ofwhich defeats the electronic signal encryption jamming or individuallyaddressed switching imposed by the supplier for the purpose of restricting thedelivery of that service to persons who pay for the service;
(iii) Without the consent of the supplier of the service,engages in the business for profit or economic gain of connecting ordisconnecting the fiber optic, cables, conduits, wires, conductors, attachmentsor other electromagnetic system of the supplier;
(iv) Conceals or assists another to conceal from anytelecommunication service provider or from any lawful authority the existenceor place of origin or destination of any telecommunication.
(2) There shall be a rebuttable presumption of intent that aperson is engaged in the business for profit or economic gain of offering forsale a decoder, descrambler or other device or a confidential identification orauthorization code in violation of paragraph (1)(ii) of this subsection if theperson has three (3) or more decoders, descramblers or other devices orconfidential identification or authorization codes in his or her possession orunder his or her control.