PRINTER'S NO. 81
No. 109 Session of 1995
INTRODUCED BY D. R. WRIGHT, COY, DeLUCA, PESCI, CIVERA,
READSHAW, ROBERTS, ROONEY, STABACK, TRELLO, WOGAN AND STERN,
JANUARY 19, 1995
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 19, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for devices for
3 theft of telecommunications services and for theft of
4 services.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 910 of Title 18 of the Pennsylvania
8 Consolidated Statutes is 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], distributes, possesses, uses or assembles an
14 unlawful telecommunication device or modifies, programs or
15 reprograms a telecommunication device designed, adapted or
16 which can be used:
17 (i) for commission of a theft of
18 [telecommunications] telecommunication service or for
1 acquisitions or facilitation of acquisition of
2 telecommunication service without the consent of the
3 telecommunication service provider; or
4 (ii) to conceal or to assist another to conceal from
5 any [supplier of telecommunications] telecommunication
6 service provider or from any lawful authority the
7 existence or place of origin or of destination of any
8 telecommunication; or
9 (2) sells, possesses, distributes, gives or otherwise
10 transfers to another[,] or offers, promotes or advertises for
11 sale any [instrument, apparatus, equipment or]:
12 (i) unlawful telecommunication device [described in
13 paragraph (1) of this subsection], or plans or
14 instructions for making or assembling the same, under
15 circumstances evidencing an intent to use or employ such
16 [instrument, apparatus, equipment or] device, or to allow
17 the same to be used or employed for a purpose described
18 in paragraph (1) [of this subsection], or knowing or
19 having reason to believe that the same is intended to be
20 so used, or that the aforesaid plans or instructions are
21 intended to be used for making or assembling such
22 [instrument, apparatus, equipment or] device; or
23 (ii) material, including hardware, cables, tools,
24 data, computer software or other information or
25 equipment, with knowledge that the purchaser or a third
26 person intends to use such material in the manufacture of
27 an unlawful telecommunication device.
28 (b) Grading.--An offense under this section is a
29 [misdemeanor] felony of the [first] third degree if the person
30 convicted of such offense has been previously convicted of any
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1 similar crime in this or any other state or Federal
2 jurisdiction. Otherwise it is a misdemeanor of the [second]
3 first degree.
4 (c) Restitution.--The court may, in addition to any other
5 sentence authorized by law, sentence a person convicted of
6 violating this section to make restitution under section 1106
7 (relating to restitution for injuries to person or property) or
8 42 Pa.C.S. § 9721(c) (relating to sentencing generally).
9 (d) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Manufacture of an unlawful telecommunication device." The
13 production or assembly of an unlawful telecommunication device
14 or the modification, programming or reprogramming of a
15 telecommunication device for capability to acquire or facilitate
16 the acquisition of telecommunication service without the consent
17 of the telecommunication service provider.
18 "Telecommunication device." Any of the following:
19 (1) Any type of instrument, machine or equipment which
20 is capable of transmitting or receiving telephonic,
21 electronic or radio communications. This paragraph includes
22 any part of such an instrument, machine or equipment.
23 (2) Any computer circuit, computer chip, electronic
24 mechanism or other component which is capable of facilitating
25 the transmission or reception of telephonic, electronic or
26 radio communications.
27 "Telecommunication service." Any service provided for a
28 charge or compensation to facilitate the origination,
29 transmission, emission or reception of signs, signals, data,
30 writings, images and sounds or intelligence of any nature by
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1 telephone. The term includes, but is not limited to, cellular
2 telephones and wire, radio, electromagnetic, photoelectronic or
3 photo-optical systems.
4 "Telecommunication service provider." A person or entity
5 which provides telecommunication service. The term includes, but
6 is not limited to, a cellular, paging or other wireless
7 communications company or other person or entity which, for a
8 fee, supplies the facility, cell site, mobile telephone
9 switching office or other equipment or telecommunication
10 service.
11 "Unlawful telecommunication device." Any electronic serial
12 number, mobile identification number, personal identification
13 number or telecommunication device that is capable, or that has
14 been modified, programmed or reprogrammed, alone or in
15 conjunction with another access device or other equipment, so as
16 to be capable of acquiring or facilitating the acquisition of a
17 telecommunication service without the consent of the
18 telecommunication service provider. The term includes, but is
19 not limited to, telephones modified to obtain service without
20 the consent of the telecommunication service provider, tumbler
21 telephones, counterfeit or clone telephones, tumbler microchips,
22 counterfeit or clone microchips, scanning receivers of wireless
23 telecommunication services of a telecommunication service
24 provider and other instruments capable of disguising their
25 identity or location or of gaining access to a communications
26 system operated by a telecommunication service provider.
27 Section 2. Section 3926(a) and (e) of Title 18 are amended
28 and the section is amended by adding subsections to read:
29 § 3926. Theft of services.
30 (a) Acquisition of services.--
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1 (1) A person is guilty of theft if he intentionally
2 obtains services for himself or for another which he knows
3 are available only for compensation, by deception or threat,
4 by altering or tampering with the public utility meter or
5 measuring device by which such services are delivered or by
6 causing or permitting such altering or tampering, by making
7 or maintaining any unauthorized connection, whether
8 physically, electrically or inductively, to a distribution or
9 transmission line, by attaching or maintaining the attachment
10 of any unauthorized device to any cable, wire or other
11 component of an electric, telephone or cable television
12 system or to a television receiving set connected to a cable
13 television system, by making or maintaining any unauthorized
14 modification or alteration to any device installed by a cable
15 television system, or by false token or other trick or
16 artifice to avoid payment for the service.
17 (2) [As used in this section, the word "service"
18 includes, but is not limited to, labor, professional service,
19 transportation service, the supplying of hotel
20 accommodations, restaurant services, entertainment, cable
21 television service, the supplying of equipment for use, and
22 the supplying of commodities of a public utility nature such
23 as gas, electricity, steam and water, and telephone service.
24 The term "unauthorized" means that payment of full
25 compensation fore service has been avoided, or has been
26 sought to be avoided, without the consent of the supplier of
27 the service.] A person is guilty of theft if he intentionally
28 obtains telecommunication service by the use of an unlawful
29 telecommunication device or without the consent of the
30 telecommunication service provider.
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1 (3) A person is not guilty of theft of cable television
2 service under this section who subscribes to and receives
3 service through an authorized connection of a television
4 receiving set at his dwelling and, within his dwelling, makes
5 an unauthorized connection of an additional television
6 receiving set or sets or audio system which receives only
7 basic cable television service obtained through such
8 authorized connection.
9 (4) Where compensation for service is ordinarily paid
10 immediately upon the rendering of such service, as in the
11 case of hotels and restaurants, refusal to pay or absconding
12 without payment or offer to pay gives rise to a presumption
13 that the service was obtained by deception as to intention to
14 pay.
15 * * *
16 (e) Sale or transfer of device or plan intended for
17 acquisition or diversion.--A person is guilty of a misdemeanor
18 of the third degree if he sells, distributes, gives or otherwise
19 transfers to others or offers, promotes, advertises or exposes
20 for sale to others, any device, kit, plan or other instructional
21 procedure for the making of such device or a printed circuit,
22 under circumstances indicating his having knowledge or reason to
23 believe that such device, kit, plan or instructional procedure
24 is intended for use by such others for the acquisition or
25 diversion of services as set forth in subsections (a) and (b).
26 (f) Restitution.--The court may, in addition to any other
27 sentence authorized by law, sentence a person convicted of
28 violating this section to make restitution under section 1106
29 (relating to restitution for injuries to person or property) or
30 42 Pa.C.S. § 9721(c) (relating to sentencing generally).
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1 (g) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Service." Includes, but is not limited to, labor,
5 professional service, transportation service, the supplying of
6 hotel accommodations, restaurant services, entertainment, cable
7 television service, the supplying of equipment for use and the
8 supplying of commodities of a public utility nature such as gas,
9 electricity, steam and water, and telecommunication service or
10 telephone service.
11 "Telecommunication service." Any service provided for a
12 charge or compensation to facilitate the origination,
13 transmission, emission or reception of signs, signals, data,
14 writings, images and sounds or intelligence of any nature by
15 telephone. The term includes, but is not limited to, cellular
16 telephones and wire, radio, electromagnetic, photoelectronic or
17 photo-optical systems.
18 "Telecommunication service provider." A person or entity
19 which provides telecommunication service. The term includes, but
20 is not limited to, a cellular, paging or other wireless
21 communications company or other person or entity which, for a
22 fee, supplies the facility, cell site, mobile telephone
23 switching office or other equipment or telecommunication
24 service.
25 "Telephone service." Telecommunication service.
26 "Unauthorized." Payment of full compensation for service has
27 been avoided or has been sought to be avoided without the
28 consent of the supplier of the service.
29 "Unlawful telecommunication device." Any electronic serial
30 number, mobile identification number, personal identification
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1 number or telecommunication device that is capable, or that has
2 been modified, programmed or reprogrammed, alone or in
3 conjunction with another access device or other equipment, so as
4 to be capable of acquiring or facilitating the acquisition of a
5 telecommunication service without the consent of the
6 telecommunication service provider. The term includes, but is
7 not limited to, telephones modified to obtain service without
8 the consent of the telecommunication service provider, tumbler
9 telephones, counterfeit or clone telephones, tumbler microchips,
10 counterfeit or clone microchips, scanning receivers of wireless
11 telecommunication services of a telecommunication service
12 provider and other instruments capable of disguising their
13 identity or location or of gaining access to a communications
14 system operated by a telecommunication service provider.
15 Section 3. This act shall take effect in 60 days.
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