Oklahoma § 21-1870 - Definitions

§ 21-1870. Definitions

As used in this act:

1. "Access device" means any telecommunication device including

the telephone calling card number, electronic serial number, account

number, mobile identification number, or personal identification

number that can be used to obtain telephone services;

2. "Clone cellular telephone" or "counterfeit cellular

telephone" means a cellular telephone whose electronic serial number

has been altered from the electronic serial number that was

programmed in the telephone by the manufacturer by someone other

than the manufacturer;

3. "Cloning paraphernalia" means materials that, when possessed

in combination, could be used to create a cloned cellular telephone.

These materials include scanners to intercept the electronic serial

number and mobile identification number, cellular telephones,

cables, EPROM chips, EPROM burners, software for programming the

cloned telephone with a false electronic serial number and mobile

identification number combination, a computer containing such

software, and lists of electronic serial number and mobile

identification number combinations;

4. "Electronic serial number" means the unique number that:

a.

was programmed into a cellular telephone by its

manufacturer,

b.

is transmitted by the cellular telephone, and

c.

is used by cellular telephone providers to validate

radio transmissions to the system as having been made

by an authorized device;

5. "EPROM" or "Erasable programmable read-only memory" means an

integrated circuit memory that can be programmed from an external

source and erased, for reprogramming, by exposure to ultraviolet

light;

Oklahoma Statutes - Title 21. Crimes and Punishments

6. "Intercept" means to electronically capture, record, reveal,

or otherwise access the signals emitted or received during the

operation of a cellular telephone without the consent of the sender

or receiver, by means of any instrument, device or equipment;

7. "Manufacture of an unlawful telecommunication device" means

to produce or assemble an unlawful telecommunication device, or to

modify, alter, program, or reprogram a telecommunication device to

be capable of acquiring or facilitating the acquisition of

telecommunication service without the consent of the

telecommunication service provider;

8. "Mobile identification number" means the cellular telephone

number assigned to the cellular telephone by the cellular telephone

carrier;

9. "Possess" means to have a physical possession or otherwise

to exercise control over tangible property;

10. "Sell" means to offer to, agree to offer to, or to sell,

exchange, give, or dispose of an unlawful telecommunications device

to another;

11. "Telecommunication device" means:

a.

any type of instrument, device, machine, or equipment

which is capable of transmitting or receiving

telephonic, electronic, or radio communications, or

b.

any part of an instrument, device, machine, equipment,

or other computer circuit, computer chip, electronic

mechanism, or other component, which is capable of

facilitating the transmission or reception of

telephonic or electronic communications within the

radio spectrum allocated to cellular radio telephone;

12. "Telecommunication service" means any service provided for

a charge or compensation to facilitate the origination,

transmission, emission, or receipt of signs, signals, writings,

images, and sounds or intelligence of any nature by telephone,

including cellular telephones, wire, radio, television option or

other electromagnetic system;

13. "Telecommunication service provider" means any person or

entity providing telecommunication service including a cellular

telephone or paging company or other person or entity which, for a

fee, supplies the facility, cell site, mobile telephone switching

officer, or other equipment or telecommunication service; and

14. "Unlawful telecommunication device" means any

telecommunication device that is capable of, or has been altered,

modified, programmed, or reprogrammed, along or in conjunction with

another access device, so as to be capable of acquiring or

facilitating the acquisition of a telecommunication service without

the consent of the telecommunication service provider. Unlawful

devices include tumbler phones, counterfeit phones, tumbler

microchips, counterfeit microchips, and other instruments capable of

Oklahoma Statutes - Title 21. Crimes and Punishments

disguising their identity or location or of gaining access to a

communications system operated by a telecommunication service

provider.

Added by Laws 1998, c. 97, § 1, eff. July 1, 1998.