(a) A person commits the offense of theft of wireless service if he or she purposely obtains wireless service by the use of an unlawful wireless device or without the consent of the wireless service provider.
(b) Theft of wireless service is a:
(1) Class A misdemeanor if the aggregate value of wireless service obtained is one thousand dollars ($1,000) or less;
(2) Class D felony if the:
(A) Aggregate value of wireless service obtained is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or
(B) Stolen wireless service is used to communicate a threat of damage or injury by bombing, fire, or other means, in a manner likely to:
(i) Place another person in reasonable apprehension of physical injury to himself or herself or another person or of damage to his or her property or to the property of another person; or
(ii) Create a public alarm;
(3) Class C felony if the:
(A) Aggregate value of wireless service is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000);
(B) Conviction is for a second or subsequent offense; or
(C) Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction; or
(4) Class B felony if the aggregate value of the wireless service is twenty-five thousand dollars ($25,000) or more.
Section: Previous 5-36-302 5-36-303 5-36-304 5-36-305 5-36-306 5-36-307 NextLast modified: November 15, 2016