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SB 73: "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."

00 SENATE BILL NO. 73                                                                                                      
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 received from 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 received from the subscription cable                                                         
25 system; 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 received from the                                                        
31 subscription 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, unless its use has been                                              
12 specifically authorized by a federal statute or regulation, has not been authorized by                                  
13 the subscription cable system and that is designed in whole or in part to decode,                                       
14 descramble, intercept, or otherwise make intelligible a nonstandard signal that is                                      
15 received from the subscription cable system.                                                                            
16    * Sec. 5.  AS 11.81.900(b)(52) is amended to read:                                                                   
17   (52)  "services" includes labor, professional services, transportation,                                              
18 telephone or other communications service, entertainment, including [CABLE,                                             
19 SUBSCRIPTION, OR PAY TELEVISION OR OTHER] telecommunications service,                                                   
20 the supplying of food, lodging, or other accommodations in hotels, restaurants, or                                      
21 elsewhere, admission to exhibitions, the use of a computer, computer time, a computer                                   
22 system, a computer program, a computer network, or any part of a computer system                                        
23 or network, and the supplying of equipment for use, but does not include a program                                     
24 or service provided by a subscription cable system as defined in AS 11.46.200;