13-3707. Telecommunication fraud; classification; definitions

A. A person commits telecommunication fraud if the person does any of the following:

1. With the intent to defraud another of the lawful charge for telecommunication service, obtains or attempts to obtain any telecommunication service by:

(a) Charging or attempting to charge the telecommunication service either:

(i) To an existing electronic mail address, telephone number or credit card number without the authority of the person to whom issued or the subscriber to or the lawful holder of the address or number.

(ii) To a nonexistent, counterfeit, revoked or canceled credit card number.

(b) Any method of code calling.

(c) Installing, rearranging or tampering with any facility or equipment.

(d) The use of any other fraudulent means, method, trick or device.

2. With the intent that the same be used or employed to evade a lawful charge for any telecommunication service, sells, rents, lends, gives or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, the number or code of an existing, canceled, revoked or nonexistent electronic mail address, telephone number or credit card number or the method of numbering or coding that is employed in the issuance of telephone numbers, account identification codes or credit card numbers.

3. Knowingly makes, constructs, manufactures, fabricates, erects, assembles or possesses any software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device, that is designed or adapted or that can be used either:

(a) To obtain telecommunication service by fraud in violation of this subsection.

(b) To conceal from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication in order to obtain telecommunication service by fraud in violation of this subsection.

4. Knowingly sells, rents, lends, gives, or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, any:

(a) Software, instrument, apparatus, equipment or device described in paragraph 3 of this subsection.

(b) Plans, specifications or instructions for making or assembling any software, instrument, apparatus, equipment or device with the intent to use or employ such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device or to allow any software, instrument, apparatus, equipment or device to be used or employed, for a purpose described in paragraph 3 of this subsection.

(c) Plans, specifications or instructions with the intent that the plans, specifications or instructions be used for making or assembling such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device.

B. Subsection A, paragraph 3 of this section does not prohibit the use or possession of any software, instrument, apparatus, equipment or device by either of the following:

1. Law enforcement officers who are acting in their official capacity within the scope of their authority and in the line of duty.

2. Employees or agents of communication service providers as defined in section 13-3001 who are acting in their official capacity within the scope of their employment for the purpose of protecting the property or legal rights of the provider.

C. This section applies when the telecommunication service originates or terminates or both originates and terminates in this state.

D. Telecommunication fraud is a class 3 felony.

E. As used in this section:

1. "Credit card number" means the card number appearing on a credit card, telephone calling card or access device as defined in section 13-2001 that is issued to a person by any supplier of telecommunication service and that permits the person to whom the card or access device has been issued to obtain telecommunication service.

2. "Telecommunication service" includes electronic communication services, subscription computer services, telephone and telegraph services and all other services that involve the transmission of information by wire, radio, cellular, wireless transmission or similar means.