Second-degree telecom fraud: what it is and the penalty

(1) A person commits the offense of telecommunication service fraud in the second degree if the person: (a) Knowingly possesses a telecommunication service device with the intent to obtain telecommunication service without payment of applicable charges; (b) Knowingly possesses written instructions or plans to make or assemble a telecommunication service device with the intent to use the written plans or instructions to make or assemble a device to obtain telecommunication service without payment of applicable charges; or (c) With the intent to defraud another of the lawful charge for any telecommunication service, that is provided for a charge or compensation: (i) Uses an access device without obtaining the consent of the holder of the access device or the telecommunication service provider, resulting in obtaining services, the value of which does not exceed $300 in any six-month period; or (ii) Uses a telecommunication service device for the purpose of obtaining telecommunication services, the value of which does not exceed $300 in any six-month period, without obtaining the consent of the holder of the telecommunication service device or the telecommunication service provider. (2) For the purposes of this section: "Access device" means any number or code of an existing, canceled, revoked, or nonexistent telephone number, telephone calling card number, credit card number, account number, personal identification number, or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers, or other credit devices that can be used to obtain telecommunication service. "Holder of access device" means a person or organization to which an access device has been issued by a telecommunication service provider. (3) Telecommunication service fraud in the second degree is a misdemeanor.