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2002 SESSION

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SB 221 Telecommunication devices; penalty.

Introduced by: Kenneth W. Stolle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Telecommunication devices; penalty. Broadens the definition of “telecommunication device” to include devices and software capable of receiving a variety of transmissions, including telephonic, electronic, Internet access, audio and video. The bill modifies the existing violation of selling or manufacturing unlawful telecommunication devices by adding the word "knowingly." Additionally, the bill provides that for the purposes of punishment, the unlawful activities of knowingly selling or manufacturing unlawful telecommunication devices are separate offenses for each device involved. The bill provides for both the forfeiture of unlawful telecommunication devices and the order of restitution. Finally, the bill provides civil relief for any party providing oil, electric, gas, water, telephone, telegraph, telecommunication or cable television service that is aggrieved by violation of certain sections.

SUMMARY AS PASSED SENATE:

Telecommunication devices; penalty. Broadens the definition of “telecommunication device” to cover telephone services as well as high-speed Internet access that cable operators now provide. The bill provides that engaging in unlawful activity is a separate offense for each device involved. The bill provides for the forfeiture of unlawful telecommunication devices and civil relief for aggrieved telecommunication service providers. The bill also provides civil relief for obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph, telecommunication or cable television service.

SUMMARY AS INTRODUCED:

Telecommunication devices; penalty. Broadens the definition of “telecommunication device” to cover telephone services as well as high-speed Internet access that cable operators now provide. Provides that any person who engages in unlawful activity (possessing, manufacturing and selling) when three or more unlawful communication devices are involved is guilty of a Class 5 felony. The bill provides that engaging in unlawful activity is a separate offense for each device involved. The bill provides for the forfeiture of unlawful telecommunication devices and civil relief for aggrieved telecommunication service providers. The bill also provides civil relief for obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph, telecommunication or cable television service and makes a second criminal offense a Class 5 felony.