Arizona Laws 13-4802. Possession or sale of cloned cellular or wireless telephones; exception; violation; classification
A. It is unlawful for a person to knowingly do any of the following:
Terms Used In Arizona Laws 13-4802
- Cloned cellular or wireless telephone: means a cellular or wireless telephone in which the manufacturer's electronic serial number has been altered. See Arizona Laws 13-4801
- Cloning paraphernalia: means the materials that are necessary to create a cloned cellular or wireless telephone and includes scanners to intercept electronic serial numbers, cellular telephones and mobile identification numbers, wireless telephones, cables, chips, burners, software and the computers containing the software to program a cloned cellular or wireless telephone's microchip with a false electronic serial number and mobile identification number combination and lists of electronic serial number and mobile identification number combinations. See Arizona Laws 13-4801
- Electronic serial number: means the unique numerical algorithm that the manufacturer programs into the microchip of each wireless telephone. See Arizona Laws 13-4801
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Mobile identification number: means the cellular or wireless telephone number that the cellular or wireless telephone carrier assigns to the wireless telephone. See Arizona Laws 13-4801
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
- Wireless telephone: means a communication device that transmits radio, satellite or other mobile telephone communication. See Arizona Laws 13-4801
1. Possess a cloned cellular or wireless telephone.
2. Possess an instrument that is capable of acquiring electronic serial number and mobile identification number combinations with the intent to clone a cellular or wireless telephone.
3. Sell a cloned cellular or wireless telephone.
B. This section does not prohibit the possession, sale or use of cloning paraphernalia or cloned cellular or wireless telephones or the acquisition of electronic serial numbers or mobile identification numbers by either of the following:
1. Law enforcement officers who are acting in their official capacity within the scope of their authority and in the line of duty.
2. Employees or agents of communication service providers who are acting in their official capacity within the scope of their employment for the purpose of protecting the property or legal rights of the provider.
C. A person who violates this section is guilty of a class 4 felony.