Section 502.8 Of Chapter 5. Larceny From California Penal Code >> Title 13. >> Part 1. >> Chapter 5.
502.8
. (a) Any person who knowingly advertises illegal
telecommunications equipment is guilty of a misdemeanor.
(b) Any person who possesses or uses illegal telecommunications
equipment intending to avoid the payment of any lawful charge for
telecommunications service or to facilitate other criminal conduct is
guilty of a misdemeanor.
(c) Any person found guilty of violating subdivision (b), who has
previously been convicted of the same offense, shall be guilty of a
felony, punishable by imprisonment in state prison, a fine of up to
fifty thousand dollars ($50,000), or both.
(d) Any person who possesses illegal telecommunications equipment
with intent to sell, transfer, or furnish or offer to sell, transfer,
or furnish the equipment to another, intending to avoid the payment
of any lawful charge for telecommunications service or to facilitate
other criminal conduct is guilty of a misdemeanor punishable by one
year in a county jail or imprisonment in state prison or a fine of up
to ten thousand dollars ($10,000), or both.
(e) Any person who possesses 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid payment of any lawful
charge for telecommunications service or to facilitate other criminal
conduct, is guilty of a felony, punishable by imprisonment in state
prison, a fine of up to fifty thousand dollars ($50,000), or both.
(f) Any person who manufactures 10 or more items of illegal
telecommunications equipment with intent to sell or offer to sell the
equipment to another, intending to avoid the payment of any lawful
charge for telecommunications service or to facilitate other criminal
conduct is guilty of a felony punishable by imprisonment in state
prison or a fine of up to fifty thousand dollars ($50,000), or both.
(g) For purposes of this section, "illegal telecommunications
equipment" means equipment that operates to evade the lawful charges
for any telecommunications service; surrepticiously intercept
electronic serial numbers or mobile identification numbers; alter
electronic serial numbers; circumvent efforts to confirm legitimate
access to a telecommunications account; conceal from any
telecommunications service provider or lawful authority the
existence, place of origin, or destination of any telecommunication;
or otherwise facilitate any other criminal conduct. "Illegal
telecommunications equipment" includes, but is not limited to, any
unauthorized electronic serial number or mobile identification
number, whether incorporated into a wireless telephone or other
device or otherwise. Items specified in this paragraph shall be
considered illegal telecommunications equipment notwithstanding any
statement or disclaimer that the items are intended for educational,
instructional, or similar purposes.
(h) (1) In the event that a person violates the provisions of this
section with the intent to avoid the payment of any lawful charge
for telecommunications service to a telecommunications service
provider, the court shall order the person to pay restitution to the
telecommunications service provider in an amount that is the greater
of the following:
(A) Five thousand dollars ($5,000).
(B) Three times the amount of actual damages, if any, sustained by
the telecommunications service provider, plus reasonable attorney
fees.
(2) It is not a necessary prerequisite to an order of restitution
under this section that the telecommunications service provider has
suffered, or be threatened with, actual damages.