New Hampshire Revised Statutes 638:23 – Criminal Acts Involving Cloned Phones and Telephone Cloning Paraphernalia; Traffic and Manufacture; Exclusions
Current as of: 2023 | Check for updates
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A person is guilty of a class B felony if:
I. The person knowingly and with intent to defraud, traffics in or manufactures a cloned wireless telephone; or
For details, see N.H. Rev. Stat. 651:2
II. The person knowingly and with the intent to defraud, traffics in one or more unauthorized access devices or defaced access devices; or
III. The person knowingly and with intent to defraud, traffics in or manufactures telephone cloning paraphernalia.
IV. The provisions of 638:22 and 638:23 do not apply to:
(a) Officers, employees, or agents of cellular telephone service providers who engage in conduct prohibited by this section for the purpose of constructing, maintaining, or conducting the radio telecommunication service or for law enforcement purposes pursuant to RSA 570-A;
(b) Law enforcement officers and public officials in charge of jails, police premises, sheriff’s offices, department of corrections institutions, and other penal or correctional institutions, or any other person under the color of law, who engages in conduct prohibited by this section for the purpose of law enforcement or in the normal course of the officer’s or official’s employment activities or duties; and
(c) Officers, employees, or agents of federal or state agencies that are authorized under N.H. Rev. Stat. Chapter 570-A to monitor or intercept cellular telephone service in the normal course of the officer’s, employee’s, or agent’s employment.
I. The person knowingly and with intent to defraud, traffics in or manufactures a cloned wireless telephone; or
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 638:23
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. The person knowingly and with the intent to defraud, traffics in one or more unauthorized access devices or defaced access devices; or
III. The person knowingly and with intent to defraud, traffics in or manufactures telephone cloning paraphernalia.
IV. The provisions of 638:22 and 638:23 do not apply to:
(a) Officers, employees, or agents of cellular telephone service providers who engage in conduct prohibited by this section for the purpose of constructing, maintaining, or conducting the radio telecommunication service or for law enforcement purposes pursuant to RSA 570-A;
(b) Law enforcement officers and public officials in charge of jails, police premises, sheriff’s offices, department of corrections institutions, and other penal or correctional institutions, or any other person under the color of law, who engages in conduct prohibited by this section for the purpose of law enforcement or in the normal course of the officer’s or official’s employment activities or duties; and
(c) Officers, employees, or agents of federal or state agencies that are authorized under N.H. Rev. Stat. Chapter 570-A to monitor or intercept cellular telephone service in the normal course of the officer’s, employee’s, or agent’s employment.