76-6-409.5 - Definitions.
76-6-409.5. Definitions.
As used in this section and Sections 76-6-409.6 through 76-6-409.10:
(1) "Access device" means any telecommunication device including the telephone callingcard number, electronic serial number, account number, mobile identification number, or personalidentification number that can be used to obtain telephone service.
(2) "Clone cellular telephone" or "counterfeit cellular telephone" means a cellulartelephone whose electronic serial number has been altered from the electronic serial number thatwas programmed in the telephone by the manufacturer by someone other than the manufacturer.
(3) "Cloning paraphernalia" means materials that, when possessed in combination, arecapable of the creation of a cloned cellular telephone. These materials include scanners tointercept the electronic serial number and mobile identification number, cellular telephones,cables, EPROM chips, EPROM burners, software for programming the cloned telephone with afalse electronic serial number and mobile identification number combination, a computercontaining such software, and lists of electronic serial number and mobile identification numbercombinations.
(4) "Electronic serial number" means the unique number that:
(a) was programmed into a cellular telephone by its manufacturer;
(b) is transmitted by the cellular telephone; and
(c) is used by cellular telephone providers to validate radio transmissions to the system ashaving been made by an authorized device.
(5) "EPROM" or "Erasable programmable read-only memory" means an integratedcircuit memory that can be programmed from an external source and erased, for reprogramming,by exposure to ultraviolet light.
(6) "Intercept" means to electronically capture, record, reveal, or otherwise access, thesignals emitted or received during the operation of a cellular telephone without the consent of thesender or receiver, by means of any instrument, device or equipment.
(7) "Manufacture of an unlawful telecommunication device" means to produce orassemble an unlawful telecommunication device, or to modify, alter, program, or reprogram atelecommunication device to be capable of acquiring or facilitating the acquisition oftelecommunication service without the consent of the telecommunication service provider.
(8) "Mobile identification number" means the cellular telephone number assigned to thecellular telephone by the cellular telephone carrier.
(9) "Possess" means to have physical possession or otherwise to exercise control overtangible property.
(10) "Sell" means to offer to, agree to offer to, or to sell, exchange, give, or dispose of anunlawful telecommunications device to another.
(11) "Telecommunication device" means:
(a) any type of instrument, device, machine, or equipment which is capable oftransmitting or receiving telephonic, electronic, or radio communications; or
(b) any part of an instrument, device, machine, or equipment, or other computer circuit,computer chip, electronic mechanism, or other component, which is capable of facilitating thetransmission or reception of telephonic or electronic communications within the radio spectrumallocated to cellular radio telephony.
(12) "Telecommunication service" includes any service provided for a charge orcompensation to facilitate the origination, transmission, emission, or reception of signs, signals,
writings, images, and sounds or intelligence of any nature by telephone, including cellulartelephones, wire, radio, television optical or other electromagnetic system.
(13) "Telecommunication service provider" means any person or entity providingtelecommunication service including a cellular telephone or paging company or other person orentity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or otherequipment or telecommunication service.
(14) "Unlawful telecommunication device" means any telecommunication device that iscapable of, or has been altered, modified, programmed, or reprogrammed, alone or in conjunctionwith another access device, so as to be capable of, acquiring or facilitating the acquisition of atelecommunication service without the consent of the telecommunication service provider. Unlawful devices include tumbler phones, counterfeit phones, tumbler microchips, counterfeitmicrochips, and other instruments capable of disguising their identity or location or of gainingaccess to a communications system operated by a telecommunication service provider.
Amended by Chapter 78, 1997 General Session