CSHB 315(JUD): "An Act relating to the unauthorized use of or unauthorized interference with transmission and delivery of subscription cable services; and amending the definition of the offense of theft of services and the penalties for its violation."
00CS FOR HOUSE BILL NO. 315(JUD) 01 "An Act relating to the unauthorized use of or unauthorized interference with 02 transmission and delivery of subscription cable services; and amending the 03 definition of the offense of theft of services and the penalties for its violation." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.46.130(a) is amended to read: 06 (a) A person commits the crime of theft in the second degree if the person 07 commits theft as defined in AS 11.46.100 and 08 (1) the value of the property or services is $500 or more but less than 09 $25,000; 10 (2) the property is a firearm or explosive; 11 (3) the property is taken from the person of another; 12 (4) the property is taken from a vessel and is vessel safety or survival 13 equipment; 14 (5) the property is taken from an aircraft and the property is aircraft
01 safety or survival equipment; [OR] 02 (6) the value of the property is $50 or more but less than $500 and 03 within the preceding five years the person has been convicted and sentenced on two 04 or more separate occasions in this or another jurisdiction of 05 (A) AS 11.46.120, or an offense under another law or ordinance 06 with similar elements; 07 (B) a crime set out in this subsection or an offense under 08 another law or ordinance with similar elements; 09 (C) AS 11.46.140(a)(1) or (2), or an offense under another law 10 or ordinance with similar elements; or 11 (D) AS 11.46.220(c)(1) or (c)(2)(A), or an offense under 12 another law or ordinance with similar elements; or 13 (7) the act constitutes a theft of subscription cable service under 14 AS 11.46.200(a)(4)(B). 15 * Sec. 2. AS 11.46.140(a) is amended to read: 16 (a) A person commits the crime of theft in the third degree if the person 17 commits theft as defined in AS 11.46.100 and 18 (1) the value of the property or services is $50 or more but less than 19 $500; 20 (2) the property is a credit card; [OR] 21 (3) the value of the property is less than $50 and within the past five 22 years the person has been convicted and sentenced on two or more separate occasions 23 in this or another jurisdiction of theft or concealment of merchandise, or an offense 24 under another law or ordinance with similar elements; or 25 (4) the act constitutes a theft of subscription cable service under 26 AS 11.46.200(a)(4)(A). 27 * Sec. 3. AS 11.46.200(a) is amended to read: 28 (a) A person commits theft of services if 29 (1) the person obtains services, except subscription cable services, 30 known by that person to be available only for compensation, by deception, force, 31 threat, or other means to avoid payment for the services;
01 (2) having control over the disposition of services of others to which 02 the person is not entitled, the person knowingly diverts those services to the person's 03 own benefit or to the benefit of another not entitled to them; [OR] 04 (3) the person obtains the use of computer time, a computer system, a 05 computer program, a computer network, or any part of a computer system or network, 06 with reckless disregard that the use by that person is unauthorized; or 07 (4) the person, without the authorization of a subscription cable 08 system, 09 (A) for the purpose of intercepting, receiving, or using a 10 program or other service carried by the subscription cable system, 11 knowingly 12 (i) makes or maintains an unauthorized connection, 13 whether physically or electronically, of, or knowingly causes to be 14 attached or assists another in attaching, an unauthorized device to 15 a television set or to other equipment designed to receive a 16 broadcast or transmission; 17 (ii) purchases or possesses an unauthorized device 18 that may be attached to a television set or other equipment 19 designed to receive a broadcast or transmission; or 20 (iii) makes or maintains an unauthorized 21 modification or alteration to a device that has been installed by or 22 with the authorization of the subscription cable system so as to 23 decode, descramble, intercept, or otherwise make intelligible a 24 nonstandard signal that is carried by the subscription cable system; 25 or 26 (B) knowingly manufactures, assembles, distributes, sells, 27 offers to sell, possesses for purposes of sale, or advertises for sale a device 28 or printed circuit, or a plan or kit for a device or printed circuit, that is 29 designed in whole or in part to decode, descramble, intercept, or otherwise 30 make intelligible a nonstandard signal that is carried by the subscription 31 cable system.
01 * Sec. 4. AS 11.46.200 is amended by adding a new subsection to read: 02 (d) In this section, 03 (1) "nonstandard signal" includes any type of encoded, scrambled, or 04 distorted signal or transmission not intended to produce an intelligible program or 05 service without the use of a special device or information provided by the sender of 06 the signal or transmission for its receipt; 07 (2) "subscription cable system" means a cable system that transmits a 08 nonstandard signal not intended to produce an intelligible program or service without 09 the use of a special device or information provided by or authorized by the sender of 10 the signal or transmission; 11 (3) "unauthorized device" means a device that has not been authorized 12 by the subscription cable system and that is designed in whole or in part to decode, 13 descramble, intercept, or otherwise make intelligible a nonstandard signal that is 14 carried by the subscription cable system.