CRIMINAL LAWAND PROCEDURE
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As used in this chapter, “telecommunications
device” means:
(1) a type of instrument, device, machine,
or piece of equipment that is capable of
transmitting or receiving telephonic, elec-
tronic, or radio communications;
(2) a part of an instrument, a device, a
machine, or a piece of equipment that is
capable of transmitting or receiving tele-
phonic, electronic, or radio communica-
tions; or
(3) a computer circuit, a computer chip, an
electric mechanism, or any other compo-
nent that is capable of facilitating the trans-
mission or reception of telephonic,
electronic, or radio communications.
35-45-13-4. “Telecommunications service”
defined.
As used in this chapter, “telecommunications
service” means a service provided for a charge or
compensation to facilitate the origination, trans-
mission, emission, or reception of signs, signals,
data, writings, images, sounds, or intelligence of
any nature by:
(1) telephone, including cellular or other
wireless telephones;
(2) wire;
(3) radio; or
(4) an electromagnetic, a photo electronic,
or a photo-optical system.
35-45-13-5. “Telecommunications service
provider” defined.
As used in this chapter, “telecommunications
service provider” means a person or an entity:
(1) providing telecommunications serv-
ice, including a cellular, paging, or other
wireless communications company; or
(2) that, for a fee, supplies the facility, cell
site, mobile telephone switching office,
or other equipment for a telecommunica-
tions service.
35-45-13-6. “Unlawful telecommunications
device” defined.
(a) As used in this chapter, “unlawful telecom-
munications device” means a telecommunica-
tions device that:
(1) is capable of; or
(2) has been altered, modified, pro-
grammed, or reprogrammed, alone or in
conjunction with another access device or
other equipment, to render the telecom-
munications device capable of;
acquiring or facilitating the acquisition of an elec-
tronic serial number, a mobile identification num-
ber, or a personal identification number of any
telecommunications service without the consent
of the telecommunications service provider.
(b) The term does not include a device oper-
ated by a law enforcement agency in the course
of its activities.
35-45-13-7. Unauthorized use of telecommu-
nications service.
A person who knowingly or intentionally:
(1) makes, distributes, possesses, uses or
assembles an unlawful telecommunica-
tions device that is designed, adapted, or
used to:
(A) commit a theft of telecommuni-
cations service;
(B) acquire or facilitate the acquisi-
tion of telecommunications service
without the consent of the telecom-
munications service provider; or
(C) conceal, or assist another in con-
cealing, from a telecommunications
service provider or authority, or from
another person with enforcement
authority, the existence or place of ori-
gin or destination of telecommunica-
tions;
(2) sells, possesses, distributes, gives,
transports, or otherwise transfers to another
or offers or advertises for sale:
(A) an unlawful telecommunications
device, with the intent to use the unlaw-
ful telecommunications device or allow
the device to be used for a purpose
described in subdivision (1), or while
knowing or having reason to believe
that the device is intended to be so
used;
(B) plans or instructions for making
or assembling an unlawful telecom-
munications device, knowing or hav-
ing reason to believe that the plans or
