SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-187.1 and 18.2-190.1 through 18.2-190.4 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding in Article 5.1 of Chapter 6 of Title 18.2 sections numbered 18.2-190.5 through 18.2-190.8 as follows:
§ 18.2-187.1. Obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph; cable television or telecommunication service without payment; penalty; civil liability.
A. It shall be unlawful for any person knowingly, with the intent to defraud,
to obtain or attempt to obtain, for himself or for another, oil, electric, gas,
water, telephone, telegraph or, cable television or telecommunication service
by the use of any false information, or in any case where such service has been disconnected by the supplier and
notice of disconnection has been given.
B. It shall be unlawful for any person to obtain or attempt to obtain oil,
electric, gas, water, telephone, telegraph, or cable television or
telecommunication service by the use of any scheme, device, means or method, or
by a false application for service with intent to avoid payment of lawful charges
therefor.
B1. It shall be unlawful for any person to obtain, or attempt to obtain, telecommunication service as defined in § 18.2-190.1 by the use of an unlawful telecommunication device as defined in § 18.2-190.1.
C. The word "notice" as used in subsection A hereof shall be notice given in
writing to the person to whom the service was assigned. The sending of a notice in writing
by registered or certified mail in the United States mail, duly stamped and
addressed to such person at his last known address, requiring delivery to the
addressee only with return receipt requested, and the actual signing of the
receipt for said such mail by the addressee, shall be prima facie evidence that
such notice was duly received.
D. Any person who violates any provisions of this section, if the value of service, credit or benefit procured is $200 or more, shall be guilty of a Class 6 felony; or if the value is less than $200, shall be guilty of a Class 1 misdemeanor. In addition, the court may order restitution for the value of the services unlawfully used and for all costs. Such costs shall be limited to actual expenses, including the base wages of employees acting as witnesses for the Commonwealth, and suit costs. However, the total amount of allowable costs granted hereunder shall not exceed $250, excluding the value of the service.
E. Any party providing oil, electric, gas, water, telephone, telegraph, cable television or telecommunication service who is aggrieved by a violation of this section may, in a civil proceeding in any court of competent jurisdiction, seek both injunctive and equitable relief, and an award of damages, including attorney's fees and costs. In addition to any other remedy provided by law, the party aggrieved may recover an award of actual damages or $500 whichever is greater for each action.
§ 18.2-190.1. Definitions.
As used in this article, unless the context requires a different meaning:
"Equipment or materials used to manufacture an unlawful telecommunication
device" means (i) a scanner capable of intercepting the electronic serial
number or mobile identification number of a cellular or other wireless
telephone; (ii) electronic software or hardware capable of altering or changing
the factory-installed electronic serial number of a cellular or other wireless
telephone or a computer containing such software; or (iii) a list of cellular
or other wireless telephone electronic serial numbers with their associated mobile
identification numbers possessed without the consent of the telecommunication
service provider; or (iv) a part, accessory or component of an unlawful
telecommunications device possessed or used in the manufacture of such device
including any electronic serial number, computer software, mobile
identification number, service access card, account number, or personal
identification number used to acquire, receive, use, decrypt or transmit a
telecommunication service without the actual consent or knowledge of the
telecommunication service provider.
"Manufacture of an unlawful telecommunication device" means to make, 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 performing any of the illegal functions of an unlawful
telecommunication service without the consent of the telecommunication
service provider device as that term is defined in this section.
"Sell" means to sell, exchange, lease, give or dispose of to another or to offer or agree to do the same.
"Telecommunication device" means (i) any type of instrument, device, machine or
equipment which is capable of transmitting or receiving telephonic, electronic
or radio communications or, (ii) any part of such an instrument, device,
machine or equipment, or any computer circuit, computer chip, electronic mechanism, or other
component, which is capable of facilitating the transmission or reception of telephonic or electronic
communications or (iii) any type of instrument, device, machine, equipment or
software that is capable of transmitting, acquiring, encrypting, decrypting or
receiving any telephonic, electronic, data, Internet access, audio, video,
microwave or radio transmissions, signals, communications, or services,
including the receipt, acquisition, transmission, encryption or decryption of
all such telecommunication services over any cable television, fiber optic,
telephone, satellite, microwave, data transmission, radio, Internet-based, or
wireless distribution system, network, or facility, or any part, accessory or
component thereof, including any computer circuit, security module, smart card,
software, computer chip, electronic mechanism or other component, accessory or
part of any telecommunication device that is capable of facilitating the
transmission, decryption, encryption, acquisition, or reception of
telecommunication services.
"Telecommunication service" includes means any service provided for a charge or
compensation to facilitate the lawful origination, transmission, emission or
reception of signs, signals, writings, images and sounds or intelligence of any
nature by telephone, including cellular or other wireless telephones,
wire, radio, television optical or other electromagnetic system through the use
of a telecommunication device as that term is defined in this section.
"Telecommunication service provider" means a any person or entity providing any
telecommunication service including, but not limited to, a cellular or other
wireless telephone or paging company or other person or entity which, (i) any
person or entity owning or operating any cable television, satellite, Internet-based,
telephone, wireless, microwave, fiber optic, data transmission or radio
distribution network, system or facility; (ii) any person or entity who for a
fee, supplies the facility, cell site, mobile telephone switching office, or
other equipment or services to a telecommunication service provider; and (iii)
any person or entity providing a telecommunication service directly or indirectly using any of the
systems, networks, or facilities described in clause (i).
"Unlawful telecommunication device" means any telecommunication device that is
capable, or has been manufactured, designed, developed, altered, modified,
programmed or reprogrammed, alone or in conjunction with another
telecommunication device, so as to be capable, of acquiring, or facilitating
the disruption, acquisition, receipt, transmission, retransmission or
decryption of, a telecommunication service without the actual consent or
knowledge of the telecommunication service provider. Such unlawful devices
include, but are not limited to, tumbler phones, clone phones, tumbler
microchips, clone microchips and other instruments capable of disguising their
identity or location or of gaining access to a communications system operated by a
telecommunication service provider (i) any device, technology, product,
service, equipment, computer software, or any component or part thereof,
primarily distributed, sold, designed, assembled, developed, manufactured,
modified, programmed, reprogrammed or used for the purpose of facilitating the
unauthorized receipt of, transmission of, disruption of, decryption of, access
to, or acquisition of any telecommunication service provided by any
telecommunication service provider; and (ii) any type of instrument, device,
machine, equipment, technology, or software that is primarily designed,
assembled, manufactured, developed, sold, distributed, possessed, used or
offered, promoted or advertised for the purpose of defeating or circumventing
any technology, device or software, or any component or part thereof, used by
the provider, owner or licensee of any telecommunication service or of any
data, audio or video programs or transmissions, to protect any such
telecommunication, data, audio or video services, programs or transmissions
from unauthorized receipt, acquisition, access, decryption, disclosure,
communication, transmission or retransmission.
§ 18.2-190.2. Possession of an unlawful telecommunication device or equipment etc., used to manufacture such device; penalty.
A person who knowingly possesses (i) an unlawful telecommunication device or
(ii) equipment or materials used to manufacture an unlawful telecommunication
device as defined in § 18.2-190.1 with the intent to manufacture an unlawful
telecommunication device shall be is guilty of a Class 6 felony unless such
possession is by a telecommunication equipment manufacturer while lawfully
acting in that capacity, or a facilities-based telecommunication service
provider licensed by the Federal Communications Commission or by a law-enforcement
agency.
§ 18.2-190.3. Sale of an unlawful telecommunication device; penalty.
A person who (i) knowingly sells (i) an unlawful telecommunication device or
(ii) sells material, including hardware, data, computer software or other
information or equipment, knowing, or having reason to know, that the purchaser
or a third person intends to use such material in the manufacture of an unlawful
telecommunication device, shall be is guilty of a Class 6 felony.
§ 18.2-190.4. Manufacture of an unlawful telecommunication device; penalty.
A person who knowingly manufactures an unlawful telecommunication device shall
be is guilty of a Class 6 felony.
§ 18.2-190.5. Separate offenses; penalty.
For purposes of imposing criminal penalties for violations of §§ 18.2-190.3 and 18.2-190.4, the commission of the prohibited activity regarding each unlawful telecommunication device shall be deemed a separate offense.
§ 18.2-190.6. Restitution.
The court may, in addition to any other sentence authorized by law, require a person convicted of violating § 18.2-190.3 or § 18.2-190.4 to make restitution in the manner provided in § 19.2-305.1.
§ 18.2-190.7. Forfeiture of unlawful telecommunication devices.
Any unlawful telecommunication device possessed, manufactured or sold in violation of §§ 18.2-190.2, 18.2-190.3 or § 18.2-190.4 may be seized and forfeited to the Commonwealth, and turned over to the circuit court in the city or county in which it was seized and such property shall be disposed of as provided by law.
§ 18.2-190.8. Civil relief; damages.
Any telecommunication service provider aggrieved by a violation of this article may seek both injunctive and equitable relief and an award of damages including attorney's fees and costs. In addition to any other remedy provided by law, the party aggrieved may recover an award of actual damages or $500, whichever is greater, for each unlawful telecommunications device involved in the action. In any case in which the court finds that the violation was committed for purposes of commercial advantage or financial gain, the award shall be increased by an amount not to exceed three times the actual damages sustained or $1,500 for each unlawful telecommunications device involved, whichever is greater.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and $0 for periods of commitment to the custody of the Department of Juvenile Justice.