§ 35-45-13-7 — Unauthorized use of telecommunications services

(a) A person who knowingly or intentionally
makes, distributes, possesses, uses, or assembles an unlawful
telecommunications device that is designed, adapted, or used to
commit a theft of telecommunications service commits criminal use of
telecommunications services, a Class A misdemeanor. However, if the
commission of the offense involves at least five (5) unlawful
telecommunications devices, the offense is a Level 6 felony.
(b) A person who knowingly or intentionally:
(1) makes, distributes, possesses, uses, or assembles an unlawful
telecommunications device that is designed, adapted, or used to:
(A) acquire or facilitate the acquisition of telecommunications
service without the consent of the telecommunications service
provider; or
(B) conceal, or assist another in concealing, from a
telecommunications services provider or authority, or from
another person with enforcement authority, the existence or
place of origin or destination of telecommunications;
(2) sells, possesses, distributes, gives, transports, or otherwise
transfers to another or offers or advertises for sale:
(A) an unlawful telecommunications device, with the intent to
use the unlawful telecommunications device or allow the device
to be used for a purpose described in this section, or while
knowing or having reason to believe that the device is intended
to be so used;
(B) plans or instructions for making or assembling an unlawful
telecommunications device, knowing or having reason to
believe that the plans or instructions are intended to be used for
making or assembling an unlawful telecommunications device;
or
(C) material, including hardware, cables, tools, data, computer
software, or other information or equipment, knowing that the
purchaser or a third person intends to use the material in the
manufacture of an unlawful telecommunications device; or
(3) publishes:
(A) the number or code of an existing, a canceled, a revoked, or
a nonexistent telephone number, credit number, or other credit
device; or
(B) the method of numbering or coding that is employed in the
issuance of telephone numbers, credit numbers, or other credit
devices;
with knowledge or reason to believe that the information may be
used to avoid the payment of a lawful telephone or telegraph toll
charge;
commits unauthorized use of telecommunications services, a Class C
infraction. A person commits a separate violation for each unlawful
telecommunications device involved. However, the offense is a Class
A misdemeanor if the person has a prior adjudication or conviction
under this section within the previous five (5) years, and a Level 6
felony if the person has a prior adjudication or conviction under this
section within the previous five (5) years and the commission of the
offense involves at least five (5) unlawful telecommunications devices.

Legislative History

As added by P.L.216-1996, SEC.23. Amended by P.L.158-2013, SEC.543; P.L.32-2019, SEC.38; P.L.156-2020, SEC.131.