New Hampshire Revised Statutes 638:24 – Restitution; Civil Action; Forfeiture
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I. The court may, in addition to any other sentence authorized by law, sentence a person convicted of violating this subdivision to make restitution to the appropriate telecommunication service provider.
II. A telecommunication service provider aggrieved by a violation of this subdivision may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, costs of suit, and attorney fees.
III. Any property used in committing, or to facilitate the commission of, offenses under this subdivision is subject to forfeiture, including but not limited to access devices, defaced access devices, readers, wireless telephones, cloned wireless telephones, computers, computer systems, computer networks, hardware, software, any data residing or stored in any of the foregoing, and radio frequency scanners.
II. A telecommunication service provider aggrieved by a violation of this subdivision may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, costs of suit, and attorney fees.
Terms Used In New Hampshire Revised Statutes 638:24
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
III. Any property used in committing, or to facilitate the commission of, offenses under this subdivision is subject to forfeiture, including but not limited to access devices, defaced access devices, readers, wireless telephones, cloned wireless telephones, computers, computer systems, computer networks, hardware, software, any data residing or stored in any of the foregoing, and radio frequency scanners.