It is enacted by the General Assembly as follows
SECTION 1. Title 11 of the General Laws entitled "Criminal Offenses" is hereby amended by adding thereto the following chapter:
{ADD CHAPTER 11-35.1
THEFT OF TELECOMMUNICATION SERVICES ADD}
{ADD 11-35.1-1. Definitions. -- ADD} {ADD For the purposes of this chapter:
(1) "Manufacture of an unlawful telecommunications device" means to design, produce, assemble, duplicate, modify, alter, program or reprogram a telecommunication device that (a) duplicates the identity of an authorized telecommunication service used for sale and distribution without the consent of the telecommunication service provider or (b) is capable of acquiring or facilitating the acquisition of telecommunication service without the consent of the telecommunication service provider.
(2) "Sell" means to transfer for consideration or agree to do so.
(3) "Telecommunication device" means any type of instrument, device, apparatus, machine or equipment which is designed to or is capable of transmitting or receiving telephonic, electronic, or radio communications or any part of such an instrument, device, machine or equipment, or computer circuit, computer chip, electronic mechanism or any other component, which is capable of facilitating the transmission or reception of telephonic, electronic or radio communications.
(4) "Telecommunication service" means any service provided for a charge or compensation to facilitate the origination, transmission, emission or reception of signs, signals, data, writing, images and sounds or intelligence of any nature by telephone, including cellular or wireless telephones, wire, radio, television, video, optical or other electromagnetic system.
(5) "Telecommunication provider" means a person or entity providing telecommunication service including, but not limited to, a commercial mobile radio service company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or telecommunication service.
(6) "Unlawful telecommunication device" means any electronic serial number, mobile identification number, personal identification number of any telecommunication device that is manufactured, altered, modified, programmed or reprogrammed alone or in conjunction with another device or other equipment for the purpose of intentionally acquiring or facilitating the acquisition of a telecommunication service without the consent of the telecommunication service provider. Such unlawful devices include, but are not limited to, tumbler phones, clone phones, tumbler microchips, clone microchips and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider. ADD}
{ADD 11-35.1-2. Criminal offense. -- ADD} {ADD (a) A criminal offense is committed by:
(1) Any person who intentionally obtains or attempts to obtain telecommunication service by the use of an unlawful telecommunication device.
(2) Any person who makes, distributes, possesses or assembles an unlawful telecommunication device, or plans or instructions for making the same, under circumstances evidencing an intent ot use or employ such unlawful telecommunication device.
(3) Any person who engages in the business for profit or economic gain of selling or offering for sale an unlawful telecommunication device.
(b) A person is guilty of theft of telecommunications service for profit or economic gain when he (1) engages in the business for profit or economic gain of tampering or making connection with the equipment of a supplier of a telecommunication service without the consent of such supplier, for the purpose of supplying such service on one (1) or more occasions, or (2) engages in the business for profit or economic gain of offering for sale to any person other than the supplier of a telecommunication service any decoder, descrambler or other device or the unauthorized use of a confidential identification or authorization code, the prinicipal function of which defeats the electronic signal encryption jamming or individually addressed switching imposed by such supplier for the purpose of restricting the delivery of such service to person who pay for such service, or (3) without the consent of the supplier of such service, engages in the business fo profit or economic gain of connecting or disconnecting the fiber optic, cables, conduits, wires, conductors, attachments or other electromagnetic system of such supplier or (4) conceals or assists another to conceal from any telecommunication service provider or from any lawful authority the existence or place or origin or of destination of any telecommunication. There shall be a rebuttable presumption of intent that a person is engaged in the business for profit or economic gain of offering for sale such a decoder, descrambler of other device or a confidential identification or authorization code in violation of subsection (2) of this section if such person has three (3) or more such decoders, descramblers or other devices or confidential identification or authorization codes in his possession or under his control. ADD}
{ADD 11-35.1-3. Civil actions. -- ADD} {ADD Any person aggrieved by acts constituting a violation of sections 2 or 3 of this act may bring a civil action in the superior court for the judicial district where the violation occurred for relief including a temporary or permanent injunction and damages. In addition to any other relief, the court may, in its discretion, award costs and reasonable attorney's fee. ADD}
{ADD 11-35.1-4. Penalties. -- ADD} {ADD A person who commits an offense in violation of this chapter shall be fined not more than thirty thousand dollars ($30,000) or by imprisonment in the state prison for not more than five (5) years, or both. ADD}
SECTION 2. This act shall take effect upon passage.
