CHARGE.
(A) A person shall not knowingly obtain or attempt to obtain telecommunications services with intent to avoid, attempt to avoid, or cause another person to avoid or attempt to avoid any lawful charge for that telecommunications service by using any of the following:
(1) A telecommunications access device without the authority or consent of the subscriber or lawful holder of that telecommunications access device.
(2) A counterfeit telecommunications access device.
(3) A fraudulent or deceptive scheme, pretense, method, or conspiracy, or any device or other means, including but not limited to any of the following:
(a) Using a false, altered, or stolen identification.
(b) The use of a telecommunications access device to violate this section by a person other than the subscriber or lawful holder of the telecommunications access device pursuant to an exchange of anything of value to the subscriber or lawful holder to allow that unlawful use of the telecommunications access device.
(4) A telecommunications device or counterfeit telecommunications device.
(B) A person who violates division (A) is guilty of a misdemeanor if the total value of the telecommunications service obtained or attempted to be obtained is less than $200, punishable by imprisonment for not more than 93 days or a fine of not more than $500 or three times the value of the telecommunications service obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine.
(C) The values of the telecommunications services obtained, or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of the telecommunications service obtained or attempted to be obtained.
(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNTERFEIT TELECOMMUNICATIONS ACCESS DEVICE. A telecommunications access device that is false, fraudulent, unlawful, not issued to a legitimate telecommunications access device subscriber account, or otherwise invalid or that is expired, suspended, revoked, canceled, or otherwise terminated if notice of the expiration, suspension, revocation, cancellation, or termination has been sent to the telecommunications access device subscriber.
COUNTERFEIT TELECOMMUNICATIONS DEVICE. A telecommunications device alone or with another telecommunications device that has been altered or programmed to acquire, intercept,
receive, or otherwise facilitate the use of a telecommunications service without the authority or consent of the telecommunications service provider. COUNTERFEIT TELECOMMUNICATIONS DEVICE includes, but is not limited to, a clone telephone, clone microchip, tumbler telephone, tumbler microchip, or otherwise facilitating the use of a telecommunications service without immediate detection.
TELECOMMUNICATIONS. The origination, emission, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, electronic, magnetic, optical, digital, or analog.
TELECOMMUNICATIONS ACCESS DEVICE. An instrument, device, card, plate, code, telephone number, account number, personal identification number, electronic serial number, mobile identification number, counterfeit number, or financial transaction device as defined in § 132.35, that alone or with another telecommunications access device can acquire, intercept, provide, receive, use, or otherwise facilitate the use of a telecommunications device, counterfeit telecommunications device, or telecommunications service.
TELECOMMUNICATIONS DEVICE. Any instrument, equipment, machine, or device that facilitates telecommunications. TELECOMMUNICATIONS DEVICE includes, but is not limited to, a computer, computer chip or circuit, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables use of a modem.
TELECOMMUNICATIONS SERVICE. Providing, allowing, facilitating, or generating any form of telecommunications through the use of telecommunications devices or telecommunications access devices over a telecommunications system.
VALUE OF THE TELECOMMUNICATIONS SERVICES AVOIDED OR ATTEMPTED TO BE AVOIDED.
(1) Any lawful charge for telecommunications services avoided or attempted to be avoided.
(2) The value of any other money, property, or telecommunications service lost, stolen, or rendered unrecoverable by the violation.
(3) Any actual expenditure incurred by the victim to verify that a telecommunications device or telecommunications access device or telecommunications service was not altered, acquired, damaged, disrupted, destroyed, or stolen as a result of the violation.
(Ord. 99-043, passed 2-28-00) Penalty, see § 130.99