Possession, manufacture, sale or transfer of devices for avoidance of payment for telecommunications services — Louisiana

Posted by & filed under Crimes Defined, Criminal Statutes.

Criminal Defense Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. — Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.

 

Possession, manufacture, sale or transfer of devices for avoidance of payment for telecommunications services or related offenses; seizure of devices — La RS 14:222

 

A.  It shall be unlawful for any person knowingly to:

(1)  Make or possess any instrument, apparatus, equipment or device designed, adapted or which can be used

(a)  For commission of a crime in violation of R.S. 14:67, R.S. 14:67.3 or R.S. 14:221 or

(b)  To conceal, or to assist another to conceal, from any supplier of telecommunications services or from any lawful authority the existence or place of origin or destination of any telecommunications:

(2)  Sell, give, transport, or otherwise transfer to another, or offer or advertise to sell, give, or otherwise transfer, any instrument, apparatus, equipment, or device described in (1) above, or plans or instructions for making or assembling the same;*

under circumstances evincing an intent to use or employ such instrument, apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in (1)(a) or (1)(b) above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such instrument, apparatus, equipment, or device.

B.  Whoever violates any provision of this Section shall, on first conviction, be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.

On a second conviction, the offender shall be fined not more than two thousand dollars, or imprisoned for not more than one year, or both.

C.  Any such instrument, apparatus, equipment, device or plans or instructions therefor, may be seized by court order under a search warrant or incident to a lawful arrest; and upon the conviction of any person for a violation of any provision of this Section, or R.S. 14:67, R.S. 14:67.3 or R.S. 14:221, such instrument, apparatus, equipment, device, plans or instructions shall either be destroyed as contraband by the sheriff of the parish in which such person was convicted or turned over to the telephone company in whose territory such instrument, apparatus, equipment, device, plans or instructions were seized.

D.  The provisions of this Section shall not apply to privately owned communications equipment which is not connected with, or does not use the equipment or facilities of a telecommunications supplier regulated by a duly constituted governmental authority; nor shall the provisions of this Section apply to privately owned communications equipment which is connected with or does use the equipment or facilities of such telecommunications supplier when such connection or use is lawful and in accord with the tariffs of such supplier or is made with the consent of such supplier.

E.  Nothing herein shall apply to public service and emergency communications performed by holders of valid Federal Communications Commission radio amateur licenses without charge on the part of such licensees; provided that nothing herein shall excuse any person from compliance with lawful tariffs or any telecommunications company.

F.  Nothing herein shall apply to the sale of premises reception equipment by other than an operating cable company, so long as the equipment sold is not capable of descrambling cable signals.

G.  Nothing herein shall be construed to allow, permit, or encourage the unauthorized interception of cable services.

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