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Manufacture, distribution, use or possession of devices for theft of telecommunications services - 18 Pa. Cons. Stat. § 910Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 910. Manufacture, distribution, use or possession of devices
for theft of telecommunications services.
(a) Offense defined.--Any person commits an offense if he:
(1) makes, distributes, possesses, uses or assembles an
unlawful telecommunication device or modifies, alters,
programs or reprograms a telecommunication device designed,
adapted or which can be used:
(i) for commission of a theft of telecommunication
service or to disrupt, transmit, decrypt, acquire or
facilitate the disruption, transmission, decryption or
acquisition of any telecommunication service without the
consent of the telecommunication service provider; or
(ii) to conceal or to assist another to conceal from
any telecommunication service provider or from any lawful
authority the existence or place of origin or of
destination of any telecommunication; or
(2) sells, possesses, distributes, gives or otherwise
transfers to another or offers, promotes or advertises for
sale any:
(i) unlawful telecommunication device, or plans or
instructions for making or assembling the same, under
circumstances evidencing an intent to use or employ such
unlawful telecommunication device, or to allow the same
to be used or employed for a purpose described in
paragraph (1), or knowing or having reason to believe
that the same is intended to be so used, or that the
aforesaid plans or instructions are intended to be used
for making or assembling such unlawful telecommunication
device; or
(ii) material, including hardware, cables, tools,
data, computer software or other information or
equipment, knowing that the purchaser or a third person
intends to use the material in the manufacture of an
unlawful telecommunication device.
(b) Grading.--
(1) Except for violations of this section as provided
for in paragraph (2) or (3), an offense under this section is
a misdemeanor of the first degree.
(2) An offense under this section is a felony of the
third degree if:
(i) the defendant has been convicted previously
under this section or convicted of any similar crime in
this or any Federal or other state jurisdiction; or
(ii) the violation of this section involves at least
ten, but not more than 50, unlawful telecommunication
devices.
(3) An offense under this section is a felony of the
second degree if:
(i) the defendant has been convicted previously on
two or more occasions for offenses under this section or
for any similar crime in this or any Federal or other
state jurisdiction; or
(ii) the violation of this section involves more
than 50 unlawful telecommunication devices.
(4) For purposes of grading an offense based upon a
prior conviction under this section or for any similar crime
pursuant to paragraphs (2)(i) and (3)(i), a prior conviction
shall consist of convictions upon separate indictments or
criminal complaints for offenses under this section or any
similar crime in this or any Federal or other state
jurisdiction.
(5) As provided for in paragraphs (2)(i) and (3)(i), in
grading an offense under this section based upon a prior
conviction, the term "any similar crime" shall include, but
not be limited to, offenses involving theft of service or
fraud, including violations of the Cable Communications
Policy Act of 1984 (Public Law 98-549, 98 Stat. 2779).
(b.1) Separate offenses.--For purposes of all criminal
penalties or fines established for violations of this section,
the prohibited activity established herein as it applies to each
unlawful telecommunication device shall be deemed a separate
offense.
(b.2) Fines.--For purposes of imposing fines upon conviction
of a defendant for an offense under this section, all fines
shall be imposed in accordance with section 1101 (relating to
fines).
(c) Restitution.--The court shall, in addition to any other
sentence authorized by law, sentence a person convicted of
violating this section to make restitution under section 1106
(relating to restitution for injuries to person or property) or
42 Pa.C.S. § 9721(c) (relating to sentencing generally).
(c.1) Forfeiture of unlawful telecommunication devices.--
Upon conviction of a defendant under this section, the court
may, in addition to any other sentence authorized by law, direct
that the defendant forfeit any unlawful telecommunication
devices in the defendant's possession or control which were
involved in the violation for which the defendant was convicted.
(c.2) Venue.--An offense under subsection (a) may be deemed
to have been committed at either place where the defendant
manufactures or assembles an unlawful telecommunication device
or assists others in doing so or the places where the unlawful
telecommunication device is sold or delivered to a purchaser, in
accordance with section 102 (relating to territorial
applicability). It shall be no defense to a violation of
subsection (a) that some of the acts constituting the offense
occurred outside of this Commonwealth.
(d) Civil action.--
(1) Any person aggrieved by a violation of this section
may bring a civil action in any court of competent
jurisdiction.
(2) The court may:
(i) grant preliminary and final injunctions to
prevent or restrain violations of this section;
(ii) at any time while an action is pending, order
the impounding, on such terms as it deems reasonable, of
any unlawful telecommunication device that is in the
custody or control of the violator and that the court has
reasonable cause to believe was involved in the alleged
violation of this section;
(iii) award damages as described in subsection
(d.1);
(iv) in its discretion, award reasonable attorney
fees and costs, including, but not limited to, costs for
investigation, testing and expert witness fees, to an
aggrieved party who prevails; or
(v) as part of a final judgment or decree finding a
violation of this section, order the remedial
modification or destruction of any unlawful
telecommunication device involved in the violation that
is in the custody or control of the violator or has been
impounded under subparagraph (ii).
(d.1) Types of damages recoverable.--Damages awarded by a
court under this section shall be computed as either of the
following:
(1) Upon his election of such damages at any time before
final judgment is entered, the complaining party may recover
the actual damages suffered by him as a result of the
violation of this section and any profits of the violator
that are attributable to the violation and are not taken into
account in computing the actual damages. In determining the
violator's profits, the complaining party shall be required
to prove only the violator's gross revenue, and the violator
shall be required to prove his deductible expenses and the
elements of profit attributable to factors other than the
violation.
(2) Upon election by the complaining party at any time
before final judgment is entered, that party may recover in
lieu of actual damages an award of statutory damages of
between $250 to $10,000 for each unlawful telecommunication
device involved in the action, with the amount of statutory
damages to be determined by the court, not the jury, as the
court considers just. In any case where the court finds that
any of the violations of this section were committed
willfully and for purposes of commercial advantage or private
financial gain, the court in its discretion may increase the
award of statutory damages by an amount of not more than
$50,000 for each unlawful telecommunication device involved
in the action.
(3) For purposes of all civil remedies established for
violations of this section, the prohibited activity
established in this section applies to each unlawful
telecommunication device and shall be deemed a separate
violation.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Manufacture of an unlawful telecommunication device." To
produce or assemble an unlawful telecommunication device or to
modify, alter, program or reprogram a telecommunication device
to be capable of acquiring, disrupting, receiving, transmitting,
decrypting or facilitating the acquisition, disruption, receipt,
transmission or decryption of a telecommunication service
without the consent of the telecommunication service provider or
to knowingly assist others in those activities.
"Telecommunication device." Any type of instrument, device,
machine or equipment which is capable of transmitting,
acquiring, decrypting or receiving any telephonic, electronic,
data, Internet access, audio, video, microwave or radio
transmissions, signals, communications or services, including
the receipt, acquisition, transmission or decryption of all such
communications, transmissions, signals or services over any
cable television, telephone, satellite, microwave, radio or
wireless distribution system or facility, or any part, accessory
or components thereof, including any computer circuit, security
module, smart card, software, computer chip, electronic
mechanism or other component, accessory or part which is capable
of facilitating the transmission, decryption, acquisition or
reception of all such communications, transmissions, signals or
services.
"Telecommunication service." The meaning given to it in
section 3926 (relating to theft of services) and also any
service provided by any radio, telephone, cable television,
satellite, microwave or wireless distribution system or
facility, including, but not limited to, any and all electronic,
data, video, audio, Internet access, telephonic, microwave and
radio communications, transmissions, signals and services.
"Telecommunication service provider." The meaning given to
it in section 3926 (relating to theft of services) and includes
any person or entity providing any telecommunication service,
including, but not limited to, any person or entity owning or
operating any cable television, satellite, telephone, wireless,
microwave or radio distribution system or facility.
"Unlawful telecommunication device." The meaning given to it
in section 3926 (relating to theft of services) and includes any
telecommunication device which is capable of or has been
altered, designed, modified, programmed or reprogrammed, alone
or in conjunction with another telecommunication device or
devices so as to be capable of facilitating the disruption,
acquisition, receipt, transmission or decryption of a
telecommunication service without the consent or knowledge of
the telecommunication service provider. In addition to the
examples listed in section 3926, the term includes, but is not
limited to, any device, technology, product, service, equipment,
computer software or component or part thereof, primarily
distributed, sold, designed, assembled, manufactured, modified,
programmed, reprogrammed or used for the purpose of providing
unauthorized disruption of, decryption of, access to or
acquisition of any telecommunication service provided by any
cable television, satellite, telephone, wireless, microwave or
radio distribution system or facility.
(July 20, 1974, P.L.539, No.185; June 13, 1995, P.L.52, No.8,
eff. 60 days; June 22, 2000, P.L.469, No.64, eff. 60 days; Dec.
20, 2000, P.L.831, No.116, eff. imd.)
2000 Amendment. Act 116 reenacted section 910.
Cross References. Section 910 is referred to in section 5708
of this title.
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Last modified: November 27, 2007 |