PRINTER'S NO. 687
No. 655 Session of 1995
INTRODUCED BY ARMSTRONG, TOMLINSON, KASUNIC, AFFLERBACH,
ANDREZESKI, BAKER, BELAN, BRIGHTBILL, DELP, FISHER, GERLACH,
HART, HECKLER, HELFRICK, JUBELIRER, LAVALLE, LEMMOND, PUNT,
RHOADES, SALVATORE, SHUMAKER, TILGHMAN, ULIANA, WAGNER AND
WENGER, MARCH 2, 1995
REFERRED TO COMMUNICATIONS AND HIGH TECHNOLOGY, MARCH 2, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for manufacture,
3 distribution or possession of devices for theft of
4 telecommunications services.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 910 and 3926 of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 910. Manufacture, distribution or possession of devices for
10 theft of telecommunications services.
11 (a) Offense defined.--Any person commits an offense if he:
12 (1) [makes or possesses any instrument, apparatus,
13 equipment or] makes, distributes, possesses, uses or
14 assembles an unlawful telecommunication device or modifies,
15 alters, programs or reprograms a telecommunication device
16 designed, adapted or which can be used:
17 (i) for commission of a theft of
1 [telecommunications] telecommunication service or to
2 acquire or facilitate the acquisition of
3 telecommunication service without the consent of the
4 telecommunication service provider; or
5 (ii) to conceal or to assist another to conceal from
6 any [supplier of telecommunications] telecommunication
7 service provider or from any lawful authority the
8 existence or place of origin or of destination of any
9 telecommunication; or
10 (2) sells, possesses, distributes, gives or otherwise
11 transfers to another[,] or offers, promotes or advertises for
12 sale [any instrument, apparatus, equipment or device
13 described in paragraph (1) of this subsection,] any:
14 (i) unlawful telecommunication device, or plans or
15 instructions for making or assembling the same, under
16 circumstances evidencing an intent to use or employ such
17 [instrument, apparatus, equipment or] unlawful
18 telecommunication device, or to allow the same to be used
19 or employed for a purpose described in paragraph (1) [of
20 this subsection], or knowing or having reason to believe
21 that the same is intended to be so used, or that the
22 aforesaid plans or instructions are intended to be used
23 for making or assembling such [instrument, apparatus,
24 equipment or device.] unlawful telecommunication device;
25 or
26 (ii) material, including hardware, cables, tools,
27 data, computer software or other information or
28 equipment, knowing that the purchaser or a third person
29 intends to use the material in the manufacture of an
30 unlawful telecommunication device.
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1 (b) Grading.--An offense under this section is a
2 [misdemeanor of the first] felony of the third degree if the
3 person convicted of such offense has been previously convicted
4 of any similar crime in this or any other state or Federal
5 jurisdiction. Otherwise it is a misdemeanor of the [second]
6 first degree.
7 (c) Restitution.--The court may, in addition to any other
8 sentence authorized by law, sentence a person convicted of
9 violating this section to make restitution under section 1106
10 (relating to restitution for injuries to person or property) or
11 42 Pa.C.S. § 9721(c) (relating to sentencing generally).
12 (d) Civil action.--A telecommunication service provider
13 aggrieved by a violation of this section may, in a civil action
14 in any court of competent jurisdiction, obtain appropriate
15 relief, including preliminary and other equitable or declaratory
16 relief, compensatory and punitive damages, reasonable
17 investigation expenses, costs of suit and attorney fees.
18 (e) Definitions.--As used in this section, the following
19 words and phrases shall have the meanings given to them in this
20 subsection:
21 "Manufacture of an unlawful telecommunication device." To
22 produce or assemble an unlawful telecommunication device or to
23 modify, alter, program or reprogram a telecommunication device
24 to be capable of acquiring or facilitating the acquisition of
25 telecommunication service without the consent of the
26 telecommunication service provider.
27 "Telecommunication device." Any type of instrument, device,
28 machine or equipment which is capable of transmitting or
29 receiving telephonic, electronic or radio communications, or any
30 part of such instrument, device, machine or equipment, or any
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1 computer circuit, computer chip, electronic mechanism or other
2 component which is capable of facilitating the transmission or
3 reception of telephonic, electronic or radio communications.
4 "Telecommunication service." The meaning given to it in
5 section 3926 (relating to theft of services).
6 "Telecommunication service provider." The meanings given to
7 it in section 3926 (relating to theft of service).
8 "Unlawful telecommunication device." The meaning given to it
9 in section 3926 (relating to theft of service).
10 § 3926. Theft of services.
11 (a) Acquisition of services.--
12 (1) A person is guilty of theft if he intentionally
13 obtains services for himself or for another which he knows
14 are available only for compensation, by deception or threat,
15 by altering or tampering with the public utility meter or
16 measuring device by which such services are delivered or by
17 causing or permitting such altering or tampering, by making
18 or maintaining any unauthorized connection, whether
19 physically, electrically or inductively, to a distribution or
20 transmission line, by attaching or maintaining the attachment
21 of any unauthorized device to any cable, wire or other
22 component of an electric, telephone or cable television
23 system or to a television receiving set connected to a cable
24 television system, by making or maintaining any unauthorized
25 modification or alteration to any device installed by a cable
26 television system, or by false token or other trick or
27 artifice to avoid payment for the service.
28 (1.1) A person is guilty of theft if he intentionally
29 obtains or attempts to obtain telecommunication service by
30 the use of an unlawful telecommunication device or without
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1 the consent of the telecommunication service provider.
2 [(2) As used in this section, the word "service"
3 includes, but is not limited to, labor, professional service,
4 transportation service, the supplying of hotel
5 accommodations, restaurant services, entertainment, cable
6 television service, the supplying of equipment for use, and
7 the supplying of commodities of a public utility nature such
8 as gas, electricity, steam and water, and telephone service.
9 The term "unauthorized" means that payment of full
10 compensation for service has been avoided, or has been sought
11 to be avoided, without the consent of the supplier of the
12 service.]
13 (3) A person is not guilty of theft of cable television
14 service under this section who subscribes to and receives
15 service through an authorized connection of a television
16 receiving set at his dwelling and, within his dwelling, makes
17 an unauthorized connection of an additional television
18 receiving set or sets or audio system which receives only
19 basic cable television service obtained through such
20 authorized connection.
21 (4) Where compensation for service is ordinarily paid
22 immediately upon the rendering of such service, as in the
23 case of hotels and restaurants, refusal to pay or absconding
24 without payment or offer to pay gives rise to a presumption
25 that the service was obtained by deception as to intention to
26 pay.
27 (b) Diversion of services.--A person is guilty of theft if,
28 having control over the disposition of services of others to
29 which he is not entitled, he knowingly diverts such services to
30 his own benefit or to the benefit of another not entitled
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1 thereto.
2 (c) Grading.--
3 (1) An offense under this section constitutes a summary
4 offense when the value of the services obtained or diverted
5 is less than $50.
6 (2) When the value of the services obtained or diverted
7 is $50 or more, the grading of the offense shall be as
8 established in section 3903 (relating to grading of theft
9 offenses).
10 (3) Amounts involved in theft of services committed
11 pursuant to one scheme or course of conduct, whether from the
12 same person or several persons, may be aggregated in
13 determining the grade of the offense.
14 (d) Inferences.--
15 (1) Any person having possession of or access to the
16 location of a public utility meter or service measuring
17 device which has been avoided or tampered with so as to
18 inhibit or prevent the accurate measurement of utility
19 service and who enjoys the use of or receives the benefit
20 from the public utility service intended to be metered or
21 measured by the public utility meter or measuring device so
22 avoided or tampered with may be reasonably inferred to have
23 acted to avoid or tamper with the public utility meter or
24 measuring device with the intent to obtain the public utility
25 service without making full compensation therefor.
26 (2) Any person having possession of or access to the
27 location of the distribution or transmission lines or other
28 facilities of a cable television system which have been
29 tapped, altered or tampered with or to which any unauthorized
30 connection has been made or to which any unauthorized device
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1 has been attached or any person having possession of or
2 access to any device installed by a cable television system
3 to which an unauthorized modification or alteration has been
4 made, the result of which tapping, altering, tampering,
5 connection, attachment or modification is to avoid payment
6 for all or any part of the cable television service for which
7 payment is normally required, and who enjoys the use of or
8 receives the benefit from the cable television service, may
9 be reasonably inferred to have acted to have tapped, altered,
10 tampered with, connected or attached to or modified cable
11 television facilities with the intent to obtain cable
12 television service without making full compensation therefor.
13 This inference shall not apply to the act of a subscriber to
14 cable television service, who receives service through an
15 authorized connection of a television receiving set at his
16 dwelling, in making, within his dwelling, an unauthorized
17 connection of an additional television receiving set or sets
18 or audio system which receives only basic cable television
19 service obtained through such authorized connection.
20 (e) Sale or transfer of device or plan intended for
21 acquisition or diversion.--A person is guilty of a misdemeanor
22 of the third degree if he sells, gives or otherwise transfers to
23 others or offers, advertises or exposes for sale to others, any
24 device, kit, plan or other instructional procedure for the
25 making of such device or a printed circuit, under circumstances
26 indicating his having knowledge or reason to believe that such
27 device, kit, plan or instructional procedure is intended for use
28 by such others for the acquisition or diversion of services as
29 set forth in subsections (a) and (b).
30 (f) Restitution.--The court may, in addition to any other
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1 sentence authorized by law, sentence a person convicted of
2 violating this section to make restitution under section 1106
3 (relating to restitution for injuries to person or property) or
4 42 Pa.C.S. § 9721(c) (relating to sentencing generally).
5 (g) Civil action.--A telecommunication service provider
6 aggrieved by a violation of this section may, in a civil action
7 in any court of competent jurisdiction, obtain appropriate
8 relief, including preliminary and other equitable or declaratory
9 relief, compensatory and punitive damages, reasonable
10 investigation expenses, costs of suit and attorney fees.
11 (h) Definitions.--As used in this section, the following
12 words and phrases shall have the meanings given to them in this
13 subsection:
14 "Service." Includes, but is not limited to, labor,
15 professional service, transportation service, the supplying of
16 hotel accommodations, restaurant services, entertainment, cable
17 television service, the supplying of equipment for use, and the
18 supplying of commodities of a public utility nature such as gas,
19 electricity, steam and water, and telephone or telecommunication
20 service. The term "unauthorized" means that payment of full
21 compensation for service has been avoided, or has been sought to
22 be avoided, without the consent of the supplier of the service.
23 "Telephone service" or "telecommunication service."
24 Includes, but is not limited to, any service provided for a
25 charge or compensation to facilitate the origination,
26 transmission, emission or reception of signs, signals, data,
27 writings, images and sounds or intelligence of any nature by
28 telephone, including cellular telephones, wire, radio,
29 electromagnetic, photoelectronic or photo-optical system.
30 "Telecommunication service provider." A person or entity
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1 providing telecommunication service, including, but not limited
2 to, a cellular, paging or other wireless communications company
3 or other person or entity which, for a fee, supplies the
4 facility, cell site, mobile telephone switching office or other
5 equipment or telecommunication service.
6 "Unlawful telecommunication device." Any electronic serial
7 number, mobile identification number, personal identification
8 number or any telecommunication device that is capable, or has
9 been altered, modified, programmed or reprogrammed alone or in
10 conjunction with another access device or other equipment so as
11 to be capable, of acquiring or facilitating the acquisition of a
12 telecommunication service without the consent of the
13 telecommunication service provider. The term includes, but is
14 not limited to, phones altered to obtain service without the
15 consent of the telecommunication service provider, tumbler
16 phones, counterfeit or clone phones, tumbler microchips,
17 counterfeit or clone microchips, scanning receivers of wireless
18 telecommunication service of a telecommunication service
19 provider and other instruments capable of disguising their
20 identity or location or of gaining access to a communications
21 system operated by a telecommunication service provider.
22 Section 2. This act shall take effect in 60 days.
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