A. Definitions: As used in this Section, the following words and terms shall have the meanings ascribed to them in this subsection:
CABLE TELEVISION SERVICE: Any and all services provided by or through the facilities of any cable television system or closed circuit coaxial cable communication system or any microwave or similar transmission service used in connection with any cable television system or similar closed circuit coaxial cable communications system.
SUBSCRIPTION TELEVISION SERVICE: A service whereby television broadcast programs intended 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.
B. Cable Television Service Offenses:
1. No person shall knowingly obtain or use cable television service without the authorization of or compensation paid to the operator of such service. The existence of any connection, wire, conductor or other device whatsoever which affects the use of cable television service by any person without such use being specifically authorized by, or compensation paid to the operator of the cable television service may be considered as evidence of intent to violate this Section.
2. No person shall, with intent to defraud a cable television operator, assist or instruct any other person in obtaining any cable television service.
3. No person shall, with intent to defraud a cable television operator, sell or rent, or offer to sell or rent any instrument, apparatus, equipment or device, or any plans, specifications or instructions for making or assembling any instrument, apparatus, equipment or device to any person with knowledge that the person to whom the item is sold or offered intends to use it to make unauthorized use of cable television service.
C. Unauthorized Use Of Television Interception Or Decoding Device:
1. A person commits the offense of the unauthorized use of a television interception or decoding device if: a) with the intent to intercept or decode a transmission by a subscription television service without the authorization of the provider of the service, or b) with the intent to obtain or use any cable television service without the authorization of the 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, videotape 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.
2. 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.
D. Contributing To Unauthorized Use Of Television Interception Or Decoding Device:
1. A person commits the offense of contributing to the unauthorized use of a television decoding or interception device when he knowingly manufactures, distributes or sells, for remuneration, and with the intent to aid an offense under section 5/16-11 of the Illinois Criminal Code, a device, plan or kit of parts for a device that intercepts or decodes a cable television service or a transmission by a subscription television service.
2. For the purposes of this Section, the sale or distribution by a person of any device proscribed by section 5/16-11 of the Illinois Criminal Code shall be prima facie evidence of a violation of this Section by such person; provided, that such sale or distribution is made to a person who uses such device to intercept or decode a cable television service or a transmission by a subscription television service without the specific authorization of the provider of such cable television service or subscription television service. (Ord. 615, 3-6-1995)