18-4-701 – Theft of cable service.

Statutory language for  Theft of cable service.

(1) As used in this part 7, unless the context otherwise requires:

(a) Cable operator means any person who:

(I) Provides cable service over a cable system in which such person directly
or through one or more affiliates owns a significant interest; or

(II) Controls or is responsible for the management and operation of such
cable system through any arrangement.

(b) Cable service means:

(I) The one-way transmission to subscribers of a video programming service;

(II) Two-way interactive services delivered over a cable system;

(III) Subscriber interaction, if any, that is required for the selection or use of
such video programming or interactive service.

(c) Cable system means a facility consisting of a set of closed transmission
paths and associated signal operation, reception, and control equipment that is
designed to provide cable service.

(2) A person commits theft of cable service if such person knowingly:

(a) Obtains cable service from a cable operator by trick, artifice, deception,
use of an unauthorized device or decoder, or other means without authorization or
with the intent to deprive such cable operator of lawful compensation for the
services rendered;

(b) (I) Makes or maintains, without authority from or payment to a cable
operator, a connection or connections, whether physical, electrical, mechanical,
acoustical, or otherwise with any cable, wire, component, or other device used for
the distribution of cable services.

(II) Notwithstanding subparagraph (I) of this paragraph (b), this paragraph (b)
shall not include circumstances where a person has attached a wire or cable to
extend service that the person has paid for or that has been authorized to an
additional outlet, or where the cable operator has failed to disconnect a previously
authorized cable service.

(c) Modifies, alters, or maintains a modification or alteration to a device
installed or capable of being installed with the authorization of a cable operator,
which modification or alteration is for the purpose of intercepting or receiving cable
service carried by such cable operator without authority from or payment to such
cable operator;

(d) Possesses without authority, with the intent to receive cable operator
services without authorization from or payment to a cable operator, a device or
printed circuit board designed in whole or in part to facilitate the following acts:

(I) To receive cable services offered for sale over a cable system; or

(II) To perform or facilitate the performance of any act set forth in
paragraphs (a) to (c) of this subsection (2).

(e) Manufactures, imports into this state, distributes, sells, leases, or offers
or advertises for sale or lease, with the intent to receive cable services or with the
intent to promote the reception of cable services without payment or authorization
from a cable operator, any device, printed circuit board, or plan or kit for a device or
printed circuit board designed in whole or in part to facilitate the following acts:

(I) To receive any cable services offered for sale over a cable system; or

(II) To perform or facilitate the performance of any act set forth in
paragraphs (a) to (c) of this subsection (2).

(f) Fails to return or surrender equipment used to receive cable service and
provided by a cable operator, after such service has been terminated for any
reason.

(3) This section does not apply to satellite dishes.

(4) Any person who violates this section commits a petty offense.

Source

L. 84: Entire part added, p. 544, § 1, effective July 1. L. 98: Entire section amended, p. 411, § 1, effective August 5. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3181, § 226, effective March 1, 2022.

Editors Notes

Cross References