§ 7-303. Interference with cable television service

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Cable television company" means a franchised or private cable television company.

   (3) "Cable television service" means:

      (i) cable and satellite cable programming;

      (ii) service provided by or through the facility of a cable television system or a closed circuit coaxial cable communication system; or

      (iii) a microwave, satellite, or similar transmission service used with a cable television system or a closed circuit coaxial cable communication system.

(b) Prima facie evidence of intent. --

   (1) Destroying, damaging, cutting, tampering with, installing, tapping, removing, displacing, or connecting with a wire, conduit, apparatus, or other equipment of a cable television company is prima facie evidence of an intent to receive cable television services without payment.

   (2) Actual possession of a device designed to facilitate an act prohibited by this section, or possession and control of a quantity of those devices indicating possession for resale, is prima facie evidence of an intent to violate this section.

(c) Prohibited. -- A person may not:

   (1) destroy, damage, cut, tamper with, install, tap, remove, displace, or connect with a wire, conduit, apparatus, or other equipment of a cable television company with the intent to receive cable television services without payment;

   (2) prevent, obstruct, or delay the sending, conveyance, distribution, or receiving of programming material transmitted by a cable television company;

   (3) with the intent to deprive a person of lawful compensation, receive, attempt to receive, or assist another to receive:

      (i) cable television service by trick, use of a decoder, or other fraudulent means; or

      (ii) satellite cable programming that is:

         1. offered for sale in the person's area through an unauthorized marketing system; or

         2. received by decoding encrypted satellite cable programming;

   (4) without authority from the cable television company, connect with a cable, wire, component, or other device used to distribute cable television service;

   (5) alter:

      (i) a device installed with the authorization of a cable television company to intercept or receive a program or service carried by the company; or

      (ii) equipment capable of decoding encrypted satellite cable programming to intercept or receive satellite cable programming; or

   (6) sell, rent, or offer for sale or rent a device or a plan for a device knowing that the recipient intends to use the device or to plan to do an act prohibited by this section.

(d) Penalty. --

   (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to:

      (i) for a first violation, imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both; or

      (ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.

   (2) A person who commits an act prohibited by this section for payment or offer of payment is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both.

(e) Injunctive relief. -- A cable television company may bring an action to enjoin a violation of this section.

(f) Civil liability. -- In addition to the penalties under subsection (d) of this section, a person who violates subsection (c)(3) or (6) of this section is liable to the aggrieved cable television company for all appropriate civil damages awarded by a court.

(g) Seizure and forfeiture. -- A device used to violate this section is subject to seizure by and forfeiture to the State.

HISTORY: An. Code 1957, art. 27, § 194B; 2002, ch. 26, § 2.