ENGROSSED
Senate Bill No. 214
(By Senators Wooton, Ball, Bowman, Dittmar, Hunter, Kessler,
Ross, Schoonover, Snyder, Buckalew and Deem)
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[Originating in the Committee on the Judiciary;
reported January 23, 1998.]
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A BILL to amend and reenact section three, article three-d,
chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
theft of cable television services; and creating a
misdemeanor offense, penalties, a civil action and remedies
for the attachment, maintenance or use of devices to
acquire unauthorized cable for commercial gain or
remuneration.
Be it enacted by the Legislature of West Virginia:
That section three, article three-d, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3D. THEFT OF CABLE TELEVISION SERVICES.
§61-3D-3. Device or plan intended for acquisition or diversion; penalties; civil action; remedies.
(a) A person who sells, gives or otherwise transfers to
another or offers, advertises or exposes for sale to another any
device, mechanism, tool or printed circuit, or any kit, plan or
instructional procedure for the making of such device,
mechanism, tool or printed circuit, with the knowledge that
another will acquire cable television services in violation of
this article; or who attaches, maintains the attachment of or
uses any of the foregoing devices for the purpose of
remuneration or for commercial advantage, with the knowledge
that cable television services will be or are being acquired in
violation of this article, shall be guilty of a misdemeanor and
shall be punishable in accordance with subsection (b) of this
section, or shall be civilly liable in accordance with
subsection (c) of this section, or both: Provided, That the
provisions of this section do not apply to solely private use of
the foregoing devices.
(b) A person convicted of a misdemeanor under this section
shall be punished as follows:
(1) Upon a first conviction under this section, the
defendant shall be fined not less than two hundred fifty
dollars, nor more than five hundred dollars.
(2) Upon a second conviction under this section, the
defendant shall be fined not less than five hundred dollars, nor more than one thousand dollars, or imprisoned in the county jail
not more than thirty days, or both fined and imprisoned.
(3) Upon a third conviction under this section, the
defendant shall be fined not less than five hundred dollars, nor
more than one thousand dollars, or imprisoned in the county jail
not less than sixty days, nor more than one year.
(c) Any cable operator, cable system or other aggrieved
party may bring an action in any court of competent jurisdiction
to enjoin and restrain any violation of the provisions of this
section, or may bring a civil action for damages, or both.