ENGROSSED

Senate Bill No. 214

(By Senators Wooton, Ball, Bowman, Dittmar, Hunter, Kessler, Ross, Schoonover, Snyder, Buckalew and Deem)

__________

[Originating in the Committee on the Judiciary;


reported January 23, 1998.]

__________



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.