PRINTER'S NO. 1206
No. 1048 Session of 1985
INTRODUCED BY SWEET, PICCOLA, DAWIDA, WOGAN, BLAUM, JOHNSON, D. R. WRIGHT, NOYE, RYBAK, OLIVER, PITTS, STEWART, KUKOVICH, MORRIS, STABACK, COY, AFFLERBACH, GREENWOOD, BUSH, LESCOVITZ, DALEY, MICOZZIE, G. M. SNYDER, FOX, DeLUCA, CLYMER, BALDWIN, E. Z. TAYLOR, TRELLO, PISTELLA, PRESTON, FARGO, GANNON, BOWSER, FISCHER, D. W. SNYDER, SAURMAN, MACKOWSKI, MICHLOVIC AND HAGARTY, APRIL 29, 1985
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 1985
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, defining the offense of theft of 3 telecommunication service. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 18 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 3934. Theft of telecommunication service. 9 (a) General rule.--A person commits an offense if, with 10 intent to defraud or to aid and abet another to defraud any 11 person of the lawful charge, in whole or in part, for any 12 telecommunication service, he obtains or attempts to obtain, or 13 aids and abets another to obtain or to attempt to obtain, any 14 telecommunication service by any of the following methods: 15 (1) Charging the service to an existing telephone number 16 or credit card number without the authority of the subscriber
1 or legitimate holder of the telephone or credit card. 2 (2) Charging the service to a nonexistent, false, 3 fictitious or counterfeit telephone number or credit card 4 number or to a suspended, terminated, expired, canceled or 5 revoked telephone number or credit card number. 6 (3) Using a code, prearranged scheme or other similar 7 stratagem or device whereby the person, in effect, sends or 8 receives information. 9 (4) Installing, rearranging or tampering with any 10 facilities or equipment, whether physically, inductively, 11 acoustically or electronically. 12 (5) Publishing the number or code of an existing, 13 canceled, revoked or nonexistent telephone number, credit 14 card number or other credit device or method of numbering or 15 coding which is employed in the issuance of telephone 16 numbers, credit card numbers or other credit devices which 17 may be used to avoid the payment of any lawful telephone toll 18 charge. 19 (6) Publishing plans, diagrams or methods for the 20 construction, assembly or usage of any device, instrument or 21 gadget which may be used to avoid the payment of any lawful 22 telephone toll charge. 23 (b) Grading.-- 24 (1) An offense under this section constitutes a summary 25 offense when the value of the services obtained or diverted 26 is less than $50. 27 (2) When the value of the services obtained or diverted 28 is $50 or more, the grading of the offense shall be as 29 established in section 3903 (relating to grading of theft 30 offenses). 19850H1048B1206 - 2 -
1 (3) Amounts involved in theft of services committed 2 pursuant to one scheme or course of conduct, whether from the 3 same person or several persons, may be aggregated in 4 determining the grade of the offense. 5 (c) Definition.--As used in this section the term "publish" 6 means the communication or dissemination of information to any 7 one or more persons, either orally, in person, by telephone, 8 radio or television or in writing of any kind, including, 9 without limitation, a letter, memorandum, circular, handbill, 10 newspaper, magazine article or book. 11 Section 2. This act shall take effect in 60 days. A14L18CHF/19850H1048B1206 - 3 -