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Chapter 61     Entire Code
‹ Chapter 60A  |  Chapter 62 › Printer Friendly Versions
Chapter 61  |  Article 61 - 3D
WVC 61- CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
WVC -3D- ARTICLE 3D. THEFT OF CABLE TELEVISION SERVICES.

WVC 61-3D-1 §61-3D-1. Definitions.
As used in this article:

(1) "Cable system" means any facility within this state consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable television service which includes video programming and which is provided to multiple subscribers within a community, and does not include: (A) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless that facility or facilities uses any public right-of-way; or (C) a facility of a public utility subject, in whole or in part, to the provisions of chapter twenty-four of this code, except to the extent that those facilities provide video programming directly to subscribers.

(2) "Cable operator" means any person or group of persons: (A) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.

(3) "Cable service" means: (A) The one-way transmission to subscribers of video programming or other programming service; and (B) subscriber interaction, if any, which is required for the selection of video programming or other programming service.

(4) "Subscriber" means any person who receives cable television services.

(5) "Unauthorized" means that payment of full compensation for cable television services has been avoided, or has been sought to be avoided, without the consent of the supplier of the service.

WVC 61-3D-2 §61-3D-2. Acquisition of cable television services.
(a) A person who acquires cable television services for himself or another, whether through his own efforts or with the assistance of another, or both, by:

(1) Making or maintaining any unauthorized connection, whether physically, electrically or inductively, to a distribution or transmission line;

(2) Attaching or maintaining the attachment of any unauthorized device to any cable, wire or other component of a cable system or to a television receiving set connected to a cable system;

(3) Making or maintaining any unauthorized modification or alteration to any device installed by a cable system operator; or

(4) Knowingly permits another person to enter upon his or her property for the purpose of securing cable service in an unauthorized manner as described in subdivision (1), (2) or (3) of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with subsection (c) of this section.

(b) A person who subscribes to and receives cable television services through an authorized connection of a television receiving set at his dwelling and, within his dwelling, makes an authorized or an unauthorized connection of an additional television receiving set or sets or audio system which receives cable television service through such authorized connection, shall not be guilty of a misdemeanor under subsection (a) of this section.

(c) Any person convicted of a misdemeanor under subsection (a) of this section shall be subject to the following penalties:

(1) Upon a first conviction under this section, the defendant shall be fined not less than one hundred dollars, nor more than two hundred fifty dollars.

(2) Upon a second conviction under this section, the defendant shall be fined not less than two hundred fifty dollars, nor more than five hundred dollars, or imprisoned in the county jail not more than thirty days, or both fined and imprisoned.

(3) Upon any subsequent conviction in excess of 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 less than thirty days nor more than sixty days, or both fined and imprisoned.

Notwithstanding the provisions of section four, article eleven-a of this chapter or section two-a, article three, chapter fifty of this code, the magistrate or court may order restitution not to exceed the value of unauthorized cable services received.

WVC 61-3D-3 §61-3D-3. Sale or transfer of the device or plan intended for acquisition or diversion.
(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, shall be guilty of a misdemeanor and shall be punishable in accordance with subsection (b) of this section.

(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.

WVC 61-3D-4 §61-3D-4. Evidence.
Evidence that (1) the defendant had possession of or access to the location of distribution or transmission lines or other facilities of a cable system which have been tapped, altered or tampered with or to which any unauthorized connection has been made or to which any unauthorized device has been attached or (2) the defendant had possession of or access to any device installed by a cable system operator to which an unauthorized modification or alteration has been made, may be used, but shall not be required, to establish that a person violated this article.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§61 - 3 B- 1 - (Amended Code)
SENATE BILL - 43
PASSED - Regular Session

SB43 SUB1 ENR  (Uploaded - 03/11/2016)
Clarifying means of posting to prohibit hunting or trespassing
§61 - 3 B- 3 - (Amended Code)
SENATE BILL - 323
PASSED - Regular Session

SB323 ENR  (Uploaded - 03/10/2016)
Correcting statute subsection designations regarding trespassing on property
§61 - 8 D- 10 - (New Code)
SENATE BILL - 326
PASSED - Regular Session

SB326 SUB1 ENR  (Uploaded - 03/11/2016)
Repeal and recodify law relating to contributing to delinquency of minor child
§61 - 7 A- 1 - (Amended Code)
§61 - 7 A- 2 - (Amended Code)
§61 - 7 A- 3 - (Amended Code)
§61 - 7 A- 4 - (Amended Code)
SENATE BILL - 338
PASSED - Regular Session

SB338 SUB1 ENR  (Uploaded - 03/11/2016)
Compiling and maintaining Central State Mental Health Registry
§61 - 2 - 10 A - (Amended Code)
SENATE BILL - 361
PASSED - Regular Session

SB361 SUB1 ENR  (Uploaded - 03/18/2016)
Prohibiting persons who have committed crimes against elderly from performing community service involving elderly
§61 - 3 - 29 - (Amended Code)
SENATE BILL - 567
PASSED - Regular Session

SB567 SUB1 enr  (Uploaded - 03/18/2016)
Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial facilities
§61 - 2 - 10 B - (Amended Code)
SENATE BILL - 578
PASSED - Regular Session

SB578 ENR  (Uploaded - 03/18/2016)
Protecting utility workers from crimes against person
§61 - 8 - 30 - (New Code)
HOUSE BILL - 2122
PASSED - Regular Session

HB2122 SUB ENR  (Uploaded - 03/07/2016)
Making it illegal for first responders to photograph a corpse; Jonathan's Law
§61 - 8 - 31 - (New Code)
HOUSE BILL - 2205
PASSED - Regular Session

HB2205 SUB ENR  (Uploaded - 03/23/2016)
Creating the crime of prohibited sexual contact by a psychotherapist
§61 - 3 C- 14 B - (Amended Code)
§61 - 8 A- 4 - (Amended Code)
HOUSE BILL - 2366
PASSED - Regular Session

HB2366 SUB ENR  (Uploaded - 03/17/2016)
Relating generally to the solicitation of minors
§61 - 11 - 22 A - (New Code)
HOUSE BILL - 2494
PASSED - Regular Session

hb2494 ENR  (Uploaded - 03/15/2016)
Creating a provisional plea process in criminal cases
§61 - 3 E- 1 - (Amended Code)
§61 - 3 E- 11 - (Amended Code)
HOUSE BILL - 2852
PASSED - Regular Session

HB2852 SUB ENR  (Uploaded - 03/09/2016)
Relating to legalizing and regulating the sale and use of fireworks
§61 - 6 - 23 - (Amended Code)
HOUSE BILL - 4174
PASSED - Regular Session

HB4174 SUB ENR  (Uploaded - 03/18/2016)
Exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house
§61 - 8 - 19 A - (Amended Code)
§61 - 8 - 19 B - (Amended Code)
§61 - 8 - 19 C - (New Code)
HOUSE BILL - 4201
PASSED - Regular Session

HB4201 SUB ENR  (Uploaded - 03/16/2016)
Increasing the criminal penalties for participating in an animal fighting venture
§61 - 2 - 29 B - (Amended Code)
HOUSE BILL - 4309
PASSED - Regular Session

hb4309 ENR  (Uploaded - 03/23/2016)
Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person
§61 - 10 - 33 - (New Code)
HOUSE BILL - 4314
PASSED - Regular Session

HB4314 SUB ENR  (Uploaded - 03/15/2016)
Prohibiting the sale of powdered or crystalline alcohol
§61 - 2 - 9 D - (New Code)
HOUSE BILL - 4362
PASSED - Regular Session

hb4362 ENR  (Uploaded - 03/05/2016)
Establishing a felony offense of strangulation
§61 - 3 C- 14 A - (Amended Code)
HOUSE BILL - 4448
PASSED - Regular Session

HB4448 SUB ENR  (Uploaded - 03/16/2016)
Clarifying that communication by a lender or debt collector which is allowed under the West Virginia Consumer Credit and Protection Act, likewise does not violate the provisions of the West Virginia Computer Crime and Abuse Act
§61 - 11 A- 8 - (Amended Code)
HOUSE BILL - 4558
PASSED - Regular Session

hb4558 ENR  (Uploaded - 03/23/2016)
Relating to victim notification and designation of additional individuals to receive notice of an offender's release
§61 - 5 - 27 - (Amended Code)
HOUSE BILL - 4724
PASSED - Regular Session

hb4724 ENR  (Uploaded - 03/18/2016)
Relating to adding a requirement for the likelihood of imminent lawless action to the prerequisites for the crime of intimidation and retaliation
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