Oklahoma § 21-1737 - Larceny of cable, information, or telecommunications

§ 21-1737. Larceny of cable, information, or telecommunications

services.

A. Any person who:

1. Shall knowingly obtain or attempt to obtain cable,

information, or telecommunications service of any type or kind

including but not limited to cable television, telephony, internet,

and data transmission service from another by means, artifice,

trick, deception, or device without the payment to the operator of

said service of all lawful compensation for each type of service

obtained; or

2. Shall knowingly assist or instruct any other person in

obtaining or attempting to obtain cable, information, or

telecommunications service of any type or kind including but not

limited to cable television, telephony, internet, and data

transmission service without the payment to the operator of all

lawful compensations; or

3. Shall knowingly tamper or otherwise interfere with or

connect to by any means, whether mechanical, electrical, acoustical,

or other means, any cables, wires, or other devices used for the

distribution of cable, information, or telecommunications service of

any type or kind including but not limited to cable television,

telephony, internet, and data transmission service without authority

from the operator of said service; or

4. Shall knowingly manufacture, import into this state,

distribute, sell, offer for sale, rental, or use, possess for sale,

rental, or use, or advertise for sale, rental, or use any device of

any description, or any plan, or kit for a device, designed in whole

or in part to facilitate the doing of any of the acts specified in

paragraphs 1, 2 and 3 of this subsection;

shall be guilty, upon conviction, of the misdemeanor of larceny of

cable television, cable, information, or telecommunications service

or tampering with cable television, cable, information, or

telecommunications service, which offenses are punishable by

imprisonment in the county jail for not more than six (6) months or

by a fine not exceeding One Thousand Dollars ($1,000.00), or both

said fine and imprisonment.

B. In any prosecution as set forth in subsection A of this

section, the existence on the property and in the actual possession

of the accused, of (1) any connection, wire, conductor, or any

device whatsoever, which is connected in such a manner as would

appear to permit the use of cable, information, or

telecommunications service of any type or kind including but not

limited to cable television, telephony, internet, and data

transmission service without the same being reported for payment to

and specifically authorized by the operator of the cable,

information, or telecommunications service of any type or kind

including but not limited to cable television, telephony, internet,

Oklahoma Statutes - Title 21. Crimes and Punishments

and data transmission service or (2) the existence on the property

and in the actual possession of the accused, in quantities or

volumes suggesting possession for resale, of any device designed in

whole or in part to facilitate the performance of any of the illegal

acts mentioned in subsection A of this section shall be prima facie

evidence of intent to violate and of the violation of the provisions

of subsection A of this section by the accused.

C. Any person who violates the provisions of this section shall

be liable to the franchised or otherwise duly licensed cable

television system, information service provider, or other

telecommunications service or equipment provider for the greater of

the following amounts:

1. Two Thousand Five Hundred Dollars ($2,500.00); or

2. Three times the amount of actual damages, if any, sustained

by the plaintiff, plus reasonable attorneys fees.

D. Any franchised or otherwise duly licensed cable television

system, information service provider, or other telecommunications

service or equipment provider may bring an action to enjoin and

restrain any violation of the provisions of this section or an

action of conversion, or both, and may in the same action seek

damages as provided for in subsection C of this section.

E. It is not a necessary prerequisite to an action pursuant to

this section that the plaintiff has suffered, or be threatened with,

actual damages.

F. The provisions of this section shall not be construed or

otherwise interpreted to prohibit an individual from owning or

operating a device commonly known as a "satellite receiving dish"

for the purpose of receiving and utilizing satellite-relayed

television signals for his own use.

Added by Laws 1978, c. 147, § 1. Amended by Laws 1983, c. 133, § 1,

operative Oct. 1, 1983; Laws 2000, c. 128, § 1, eff. Nov. 1, 2000.