(A) A person commits the offense of the unauthorized use of a television interception or decoding device if:
(1) With the intent to intercept or decode a transmission by a subscription television service without the authorization of the provider of the service; or
(2) With the intent to obtain or use any cable television service without the authorization of the cable television system which provides such cable television system which provides such cable television service, the person knowingly attaches to, causes to be attached to, or incorporates in a television set, video tape recorder, or other equipment designed to receive a television transmission or cable television service, a device that intercepts or decodes the transmission or the cable television service.
(B) "Subscription television service" means a service whereby television broadcast programs intend to be received in an intelligible form by members of the public only for a fee or charge are transmitted pursuant to a grant of subscription television authority by the Federal Communications Commission.
(C) For the purposes of this section, the term cable television service shall have the meaning ascribed to it in § 13.5/16-10(A).
(D) The actual possession by a person of any device proscribed by this section shall be prima facie evidence of a violation of this section by such person; however, this presumption shall not apply unless the person charged has received the direct benefit of the reduction of the cost of the cable television service or the subscription television service or has received remuneration for the conduct proscribed in this section.
(Ord. 149, passed 4-2-90) Penalty, see § 13.5/999-1