514.065 Possession, use, or transfer of device for theft of telecommunications
461 words·~2 min read·
/ky/514-065A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
services.
(1)As used in this section, "telecommunications service" means any communication
service ordinarily provided for a charge or compensation to facilitate the
origination, transmission, emission, or reception of signs, signals, writings, images,
sounds, or intelligence of any nature by telephone, including but not limited to
cellular and personal communications service, as terms may be defined in 47 C.F.R.
parts 22 and 24, respectively, telephones, wire, radio, electromagnetic,
photoelectronic, or photooptical systems, but excluding cable television services,
even if provided by a telephone utility.
(2)A person is guilty of possession, use, or transfer for use of a device for theft of
telecommunications services when the person:
(a)Makes, assembles, or possesses any instrument, apparatus, equipment, or
device designed, modified, altered, programmed, reprogrammed, or otherwise
adapted for or used for commission of a theft of telecommunications services
in violation of KRS 514.060; or
(b)Sells, gives, transports, or otherwise transfers to another, or offers or
advertises to sell, give, or otherwise transfer any instrument, apparatus,
equipment, or device described in paragraph
(a)of this subsection, or plans or
instructions for making or assembling the same under circumstances evincing
an intent to use or employ the instrument, apparatus, equipment, or device, or
to allow the same to be used or employed, for a purpose described in
paragraph
(a)of this subsection, or knowing or having reason to believe that
the same is intended to be so used, or that the aforesaid plans or instructions
are intended to be used for making or assembling the instrument, apparatus,
equipment, or device.
(3)An instrument, apparatus, equipment or device described in paragraph
(a)of
subsection
(2)of this section shall not include any instrument, apparatus,
equipment, or device authorized or approved or otherwise permitted by an agency of
the federal government or the Commonwealth of Kentucky.
(4)Possession, use, or transfer for use of a device for theft of telecommunications
services is a Class A misdemeanor unless the defendant has previously been
convicted of violating this section, in which case it is a Class D felony.
(5)Notwithstanding any other provision of this chapter, any instrument, apparatus,
equipment, or device designed, modified, altered, programmed, reprogrammed, or
otherwise adapted for or used for commission of a theft of telecommunications
service in violation of KRS 514.060, may be seized under warrant or incident to a
lawful arrest for the violation of KRS 514.060, and, upon the conviction of any
person for a violation, the court shall order any instrument, apparatus, equipment,
device, or plans or instructions for making or assembling them forfeited to the state
or destroyed in accordance with KRS 500.090(1)(a), or if requested by the person
providing the telecommunications service in the territory in which they were seized,
turned over to the telecommunications service provider.