13-3709. Obtaining cable television and video services fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definition

A. Any person who with the intent to defraud another of any part of the lawful charge for services that are provided over or by a licensed cable television system as defined in section 9-505 or a licensed video service network makes any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, or attaches any unauthorized device or devices to any cable, wire, microwave or other component of a licensed cable television system or licensed video service network, to a television set or to any other instrument that is authorized to be attached to a licensed cable television system or licensed video service network is guilty of a class 2 misdemeanor.

B. Any person who manufactures, distributes, sells, rents, lends, offers or advertises for sale, rental or use any device that the person intends to be used by another person to obtain services that are provided over or by a licensed cable television system or a licensed video service network without payment of the charge for those services is guilty of a class 6 felony.

C. For the purposes of subsection B of this section it is a rebuttable presumption that the person intended that the device would be used by another person to obtain services that are provided over or by a licensed cable television system or a licensed video service network without payment of the charge for those services if, while advertising, selling, renting or lending the device, the person states that the device will enable the person who receives the device to obtain cable television, video or other services without payment of the charge for those services.

D. For the purposes of subsection B of this section, it is a separate violation for each individual device that is manufactured, distributed, sold, rented, lent, offered or advertised for sale, rental or use in violation of subsection B of this section.

E. A person whose business or property is injured arising out of a violation of this section may bring an action in superior court to recover damages or for an injunction, or both. The successful party to the action may recover reasonable attorney fees.

F. For the purposes of this section, " device" includes any component or combination of components capable of converting a scrambled, encrypted or encoded cable television or video service signal to a signal usable on a standard television receiver.