Sec. 7. (a) A person who knowingly or intentionally makes, distributes, possesses, uses, or assembles an unlawful telecommunications device that is designed, adapted, or used to commit a theft of telecommunications service commits criminal use of telecommunications services, a Class A misdemeanor. However, if the commission of the offense involves at least five (5) unlawful telecommunications devices, the offense is a Level 6 felony.

     (b) A person who knowingly or intentionally:

(1) makes, distributes, possesses, uses, or assembles an unlawful telecommunications device that is designed, adapted, or used to:

(A) acquire or facilitate the acquisition of telecommunications service without the consent of the telecommunications service provider; or

(B) conceal, or assist another in concealing, from a telecommunications services provider or authority, or from another person with enforcement authority, the existence or place of origin or destination of telecommunications;

(2) sells, possesses, distributes, gives, transports, or otherwise transfers to another or offers or advertises for sale:

(A) an unlawful telecommunications device, with the intent to use the unlawful telecommunications device or allow the device to be used for a purpose described in this section, or while knowing or having reason to believe that the device is intended to be so used;

(B) plans or instructions for making or assembling an unlawful telecommunications device, knowing or having reason to believe that the plans or instructions are intended to be used for making or assembling an unlawful telecommunications device; or

(C) 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 telecommunications device; or

(3) publishes:

(A) the number or code of an existing, a canceled, a revoked, or a nonexistent telephone number, credit number, or other credit device; or

(B) the method of numbering or coding that is employed in the issuance of telephone numbers, credit numbers, or other credit devices;

with knowledge or reason to believe that the information may be used to avoid the payment of a lawful telephone or telegraph toll charge;

commits unauthorized use of telecommunications services, a Class C infraction. A person commits a separate violation for each unlawful telecommunications device involved. However, the offense is a Class A misdemeanor if the person has a prior adjudication or conviction under this section within the previous five (5) years, and a Level 6 felony if the person has a prior adjudication or conviction under this section within the previous five (5) years and the commission of the offense involves at least five (5) unlawful telecommunications devices.

As added by P.L.216-1996, SEC.23. Amended by P.L.158-2013, SEC.543; P.L.32-2019, SEC.38; P.L.156-2020, SEC.131.