| |
 ABOUT
CABLE THEFT
Act 270
R.S. 14:222.1
§222.1. Unauthorized interception, interference with, or
retransmission of services offered over a cable television system
A. No person shall knowingly:
(1) Intercept, receive, retransmit, connect, attach, modify, alter,
remove, or tamper with any equipment, device, or television or radio
component for the purpose of intercepting, receiving, or
retransmitting without the authorization of a cable television
system any and all services provided by or through the facilities of
that system; or
(2) Manufacture, sell, offer for sale, transfer, rent, or distribute
any device, equipment, plans, schematics, instructions, kit,
technology, software, electronic serial number, address, media
access control address, Internet protocol address, account number,
telephone number, credit number, code, personal identification
number, dynamic host configuration protocol, counterfeit or clone
device or component, tumbler microchip, cable television decoding
device, or smart card, which is primarily designed, manufactured,
sold, possessed, used, or offered for the purpose of violating this
Section.
(3) Disrupt or interfere with the provision of services offered over
a cable television system.
B. For the purposes of this Section the phrase "all services
provided by or through the facilities of a cable television system"
means for a charge or compensation to facilitate the programming,
origination, transmission, projection, emission, or reception of
signs, signals, data, audio, visual, writings, images, sounds, or
intelligence of any nature including programming services, Internet
access, and bandwidth.
C. For purposes of Subsections D and E of this Section, "second or
subsequent offense" shall mean a violation of this Section, R.S.
14:67, 67.3, 222, 222.2, or 223 through 223.8 or any other law of
this state prohibiting any of the actions set forth in Subsection A
of this Section.
D. Whoever violates the provisions of Paragraph (A)(1) of this
Section shall:
(1) On first offense, be fined not more than one thousand dollars;
and
(2) On second or subsequent offense, be fined not more than
twenty-five thousand dollars or imprisoned for not more than sixty
days, or both.
E. Whoever violates the provisions of Paragraph (A)(2) of this
Section shall:
(1)(a) On a first offense, when the offender is convicted of
manufacturing, selling, transferring, renting, or selling five or
less components enumerated in Paragraph (A)(2) of this Subsection,
be fined not more than five thousand dollars or be imprisoned for
not more than six months.
(b) On a first offense, when the offender is convicted of
manufacturing, selling, transferring, renting, or selling six or
more components enumerated in Paragraph (A)(2) of this Section, or
for any violation of Paragraph (A)(3) of this Section, be fined not
more than twenty-five thousand dollars or be imprisoned for not more
than two years, or both.
(2) For the second and subsequent violations of Paragraph (A)(2) or
Paragraph (A)(3) of this Subsection, the offender shall be punished
by a fine not exceeding one hundred thousand dollars or by
imprisonment for not more than two years, or both.
F. Any such equipment, or a kit for making such equipment herein,
may be seized by court order under a search warrant or incident to
lawful arrest; and upon the conviction of any person for a violation
of this Section or R.S. 14:67, 67.3, 222, 222.2 or 223 through 223.8
inclusive, such equipment or kit shall either be destroyed as
contraband by the parish in which such person was convicted or
turned over to the cable television system in whose territory such
equipment or kit was seized.
G. It shall not be a violation of this Section to manufacture,
distribute, or sell any device used for legal purposes merely
because the same device is capable of being used to commit a
violation of this Section, if the manufacturer, distributor, or
seller does not act with the intent that such device will be used
for conduct violating this Section.
H. This Section shall not be construed to impose any criminal
liability upon any state or local law enforcement agency, any state
or local governmental agency, municipality, or any communications
service provider, cable television company or multipoint
distribution system, unless such entity knowingly and intentionally
violates the provisions of this Section.
Added by Acts 1983, No. 471, §1; Acts 2004, No. 270, §1, eff. July
1, 2004.
|
|
