18.2-165.1 - Tampering with or unlawful use of cable television service.
§ 18.2-165.1. Tampering with or unlawful use of cable television service.
Any person who (i) shall knowingly obtain or attempt to obtain cabletelevision service from another by means, artifice, trick, deception ordevice without the payment to the operator of such service of all lawfulcompensation for each type of service obtained; (ii) shall knowingly, andwith intent to profit thereby from any consideration received or expected,assist or instruct any other person in obtaining or attempting to obtain anycable television service without the payment to the operator of said serviceof all lawful compensation; (iii) shall knowingly tamper or otherwiseinterfere with or connect to by any means whether mechanical, electrical,acoustical or other, any cables, wires, or other devices used for thedistribution of cable television service without authority from the operatorof such service; or (iv) shall knowingly sell, rent, lend, promote, offer oradvertise for sale, rental or use any device of any description or any planfor making or assembling the same to any person, with knowledge that theperson intends to use such device or plan to do any of the acts hereinbeforementioned or if the device or plan was represented either directly orindirectly by the person distributing it as having the ability to facilitatethe doing of any of the acts hereinbefore mentioned, shall be guilty of aClass 6 felony if convicted under clause (ii) or (iv) above and shall beguilty of a Class 1 misdemeanor if convicted under clause (i) or (iii) above.
As used herein, cable television service shall include any and all servicesprovided by or through the facilities of any cable television system orclosed circuit coaxial cable communications system or any microwave,satellite or similar transmission service used in connection with any cabletelevision system or other similar closed circuit coaxial cablecommunications system.
In any prosecution under this section, the existence on property in theactual possession of the accused, of any connection, wire, conductor, or anydevice whatsoever, which permits the use of cable television service withoutthe same being reported for payment to and specifically authorized by theoperator of the cable television service shall be prima facie evidence ofintent to violate and of the violation of this section by the accused.
Nothing contained in this section shall be construed so as to abrogate orinterfere with any contract right or remedy of any person having a contractwith the owner of a television coaxial cable, or a cablevision system, or amicrowave radio system.
(1978, c. 712; 1979, c. 500; 1981, c. 197; 1991, c. 502.)