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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : MISCELLANEOUS OFFENSES
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13-3701 Unlawful use of food stamps; classification; definition
A. A person commits unlawful use of food stamps if such person knowingly:
1. Uses, transfers, acquires, possesses or redeems food stamps by means of a false
statement or representation, material omission, impersonation or the failure to disclose
a change in circumstances, by any other fraudulent device or in any other manner not
authorized by law or by the state department of economic security; or
2. Counterfeits, alters, uses, transfers, acquires or possesses counterfeited or
altered food stamps or electronic benefit transfer cards; or
3. Appropriates food stamps with which the person has been entrusted or of which
the person has gained possession by virtue of a position as a public employee.
B. Unlawful use of food stamps under subsection A, paragraph 1 is a class 1
misdemeanor if the value of the food stamps is one hundred dollars or less, or a class 6
felony if the value is over one hundred dollars. Unlawful use of food stamps under
subsection A, paragraphs 2 and 3 is a class 5 felony.
C. For purposes of this section, "food stamps" includes food stamp coupons and
electronically transferred food stamp program benefits.
13-3702.01 Excavating certain sites; collecting certain specimens; classification
A. A person who knowingly excavates in violation of section 41-841, subsection A
without obtaining a permit as required under section 41-842 is guilty of a class 5
felony. A second or subsequent violation under this subsection is a class 3 felony.
B. A person who knowingly collects any archaeological specimen in violation of
section 41-841, subsection B, is guilty of a class 1 misdemeanor.
13-3702 Defacing or damaging petroglyphs, pictographs, caves or caverns; classification
A. A person commits defacing or damaging petroglyphs, pictographs, caves or caverns
if such person knowingly, without the prior written permission of the owner:
1. Breaks, breaks off, cracks, carves upon, writes or otherwise marks upon or in
any manner destroys, mutilates, injures, defaces, removes, displaces, mars or harms
petroglyphs, pictographs or any natural material found in any cave or cavern; or
2. Kills, harms or disturbs plant or animal life found in any cave or cavern,
except for safety reasons; or
3. Disturbs or alters the natural condition of such petroglyph, pictograph, cave or
cavern or takes into a cave or cavern any aerosol or other type of container containing
paints, dyes or other coloring agents; or
4. Breaks, forces, tampers with, removes or otherwise disturbs a lock, gate, door
or other structure or obstruction designed to prevent entrance to a cave or cavern
whether or not entrance is gained.
B. As used in this section, "natural material" means stalactites, stalagmites,
helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa
dams, clay or mud formations or concretions or other similar crystalline mineral
formations found in any cave or cavern.
C. Defacing or damaging petroglyphs, pictographs, caves or caverns is a class 2
misdemeanor.
13-3703 Abuse of venerated objects; classification
A. A person commits abuse of venerated objects by intentionally:
1. Desecrating any public monument, memorial or property of a public park; or
2. In any manner likely to provoke immediate physical retaliation:
(a) Exhibiting or displaying, placing or causing to be placed any word, figure,
mark, picture, design, drawing or advertisement of any nature upon a flag or exposing or
causing to be exposed to public view a flag upon which there is printed, painted or
otherwise produced or to which there is attached, appended or annexed any word, figure,
mark, picture, design, drawing or advertisement; or
(b) Exposing to public view, manufacturing, selling, offering to sell, giving or
having in possession for any purpose any article of merchandise or receptacle for holding
or carrying merchandise upon or to which there is printed, painted, placed or attached
any flag in order to advertise, call attention to, decorate, mark or distinguish the
article or substance; or
(c) Casting contempt upon, mutilating, defacing, defiling, burning, trampling or
otherwise dishonoring or causing to bring dishonor upon a flag.
B. The provisions of this section shall not apply to:
1. Any act permitted by a statute of the United States; or
2. Any act permitted by United States military regulations; or
3. Any act where the United States government has granted permission for the use of
such flag; or
4. A newspaper, periodical, book, pamphlet, circular, certificate, diploma,
warrant, commission of appointment to office, ornament, picture, badge or stationery on
which shall be printed, painted or placed such flag and which is disconnected from any
advertisement for the purpose of sale, barter or trade.
C. For the purposes of this section:
1. "Desecrate" means defacing, damaging, polluting or otherwise doing a physical
act in a manner likely to provoke immediate physical retaliation.
2. "Flag" means any emblem, banner or other symbol, of any size, composed of any
substance or represented on any substance that evidently purports to be the flag of the
United States or of this state.
D. Abuse of venerated objects is a class 2 misdemeanor.
13-3704 Adding poison or other harmful substance to food, drink or medicine; classification
A. A person commits adding poison or another harmful substance to water, food,
drink or medicine if the person intends to harm another human being and the person
knowingly:
1. Introduces, adds or mingles any poison, bacterium, virus or chemical compound
into any spring, well or reservoir of water to be taken by a human being.
2. Introduces, adds or mingles any poison, bacterium, virus or chemical compound
with any water, food, drink, medicine or other product to be taken by a human being or
applied to the body.
3. Places a needle, razor blade or any other harmful object or substance in any
water, food, drink or medicine to be taken by a human being.
B. A violation of this section is a class 6 felony.
13-3705 Unlawful copying or sale of sounds or images from recording devices; true name and address of articles; definitions; classification
A. A person commits unlawful copying or sale of sounds or images from recording
devices by knowingly:
1. Manufacturing an article without the consent of the owner.
2. Distributing an article with the knowledge that the sounds thereon have been so
transferred without the consent of the owner.
3. Distributing or manufacturing an article on which sounds or images have been
transferred which does not bear the true name and address of the manufacturer in a
prominent place on the outside cover, box or jacket.
4. Distributing or manufacturing the outside packaging intended for use with
articles which does not bear the true name and address of the manufacturer in a prominent
place on the outside cover, box or jacket.
5. Transferring or causing to be transferred to an article any performance, whether
live before an audience or transmitted by wire or through the air by radio or television
without the consent of the owner and with the intent to obtain commercial advantage or
personal financial gain.
6. Distributing an article with knowledge that the performance on the article,
whether live before an audience or transmitted by wire or through the air by radio or
television, has been transferred without the consent of the owner.
B. This section shall not apply to any person or persons engaged in radio or
television broadcasting who transfers, or causes to be transferred, any such sounds,
other than from the sound track of a motion picture, intended for, or in connection with,
broadcast transmission or related uses, including the making of commercials and films, or
for archival purposes.
C. Subsection A, paragraphs 1 and 2 of this section apply only to recordings first
fixed in a phonorecord before February 15, 1972.
D. Notwithstanding any other law and in the absence of a written agreement, the
performer of a live performance is presumed to own the rights to record the performance.
E. The person who maintains custody and control over the business records of the
owner is the proper witness regarding the issue of consent.
F. On conviction of a violation of this section, the court shall order:
1. The forfeiture and destruction of the articles and outside packaging.
2. The forfeiture pursuant to chapter 39 of this title of any implement, device or
equipment used to manufacture or distribute the article or outside packaging.
G. In this section, unless the context otherwise requires:
1. "Article" means the tangible medium on which sounds or images are recorded
including any original phonograph record, disc, compact disc, tape, audio or video
cassette, wire, film or other medium now known or later developed on which sounds or
images are or can be recorded or otherwise stored, or any copy or reproduction which
duplicates in whole or in part the original.
2. "Distributing" means the actual, constructive or attempted sale, rental,
delivery, possession, transportation, exhibition or advertisement of an article with
intent to obtain commercial advantage or personal financial gain or to promote the sale
of any goods.
3. "Fixation of sounds" means the master recording from which copies can be made of
the series of sounds constituting the sound recording.
4. "Manufacturing" means transferring or causing to be transferred any sounds or
images recorded on one article to another article with the intent to distribute the
article.
5. "Owner" means the person who owns the original fixation of sounds or images
embodied in the master phonograph record, master disc, master compact disc, master tape,
master film or other device used for reproducing recorded sounds on phonograph records,
discs, compact discs, tapes, films or other articles on which sound is or can be
recorded, and from which the transferred recorded sounds are directly or indirectly
derived, or the person who owns the rights to record or authorize the vending of a live
performance.
6. "Phonorecord" means the material object in which sounds other than those
accompanying a motion picture or other audiovisual work are fixed by any method now known
or later developed, and from which can be perceived, reproduced or otherwise communicated
directly or with the aid of a machine or device. Phonorecord includes the material
object in which the sound is first fixed.
H. Unlawful copying or sale of sounds or images involving one thousand or more
articles containing sound recordings or one hundred or more articles containing
audiovisual recordings is a class 3 felony. Unlawful copying or sale of sounds or images
involving one hundred or more but less than one thousand articles containing sound
recordings or ten or more but less than one hundred articles containing audiovisual
recordings is a class 6 felony. Unlawful copying or sale of sounds or images involving
less than one hundred articles containing sound recordings or less than ten articles
containing audiovisual recordings is a class 1 misdemeanor.
13-3706 Failure to procure or exhibit a business license; classification
A. A person commits failure to procure or exhibit a business license if such person
knowingly commences or transacts any business, profession or calling, for which a license
is required by any law of this state, without procuring the license prescribed for
transacting such business, or who upon demand of a peace officer or magistrate, refuses
to exhibit such license.
B. Failure to procure or exhibit a business license is a class 2 misdemeanor.
13-3707 Telecommunication fraud; classification; definitions
A. A person commits telecommunication fraud if the person does any of the
following:
1. With the intent to defraud another of the lawful charge for telecommunication
service, obtains or attempts to obtain any telecommunication service by:
(a) Charging or attempting to charge the telecommunication service either:
(i) To an existing electronic mail address, telephone number or credit card number
without the authority of the person to whom issued or the subscriber to or the lawful
holder of the address or number.
(ii) To a nonexistent, counterfeit, revoked or canceled credit card number.
(b) Any method of code calling.
(c) Installing, rearranging or tampering with any facility or equipment.
(d) The use of any other fraudulent means, method, trick or device.
2. With the intent that the same be used or employed to evade a lawful charge for
any telecommunication service, sells, rents, lends, gives or otherwise transfers or
discloses or attempts to transfer or disclose to another, or offers or advertises for
sale or rental, the number or code of an existing, canceled, revoked or nonexistent
electronic mail address, telephone number or credit card number or the method of
numbering or coding that is employed in the issuance of telephone numbers, account
identification codes or credit card numbers.
3. Knowingly makes, constructs, manufactures, fabricates, erects, assembles or
possesses any software, instrument, apparatus, equipment or device, or any part of any
software, instrument, apparatus, equipment or device, that is designed or adapted or that
can be used either:
(a) To obtain telecommunication service by fraud in violation of this subsection.
(b) To conceal from any supplier of telecommunication service or from any lawful
authority the existence or place of origin or of destination of any telecommunication in
order to obtain telecommunication service by fraud in violation of this subsection.
4. Knowingly sells, rents, lends, gives, or otherwise transfers or discloses or
attempts to transfer or disclose to another, or offers or advertises for sale or rental,
any:
(a) Software, instrument, apparatus, equipment or device described in paragraph 3
of this subsection.
(b) Plans, specifications or instructions for making or assembling any software,
instrument, apparatus, equipment or device with the intent to use or employ such
software, instrument, apparatus, equipment or device, or any part of any software,
instrument, apparatus, equipment or device or to allow any software, instrument,
apparatus, equipment or device to be used or employed, for a purpose described in
paragraph 3 of this subsection.
(c) Plans, specifications or instructions with the intent that the plans,
specifications or instructions be used for making or assembling such software,
instrument, apparatus, equipment or device, or any part of any software, instrument,
apparatus, equipment or device.
B. Subsection A, paragraph 3 of this section does not prohibit the use or
possession of any software, instrument, apparatus, equipment or device by either of the
following:
1. Law enforcement officers who are acting in their official capacity within the
scope of their authority and in the line of duty.
2. Employees or agents of communication service providers as defined in section
13-3001 who are acting in their official capacity within the scope of their employment
for the purpose of protecting the property or legal rights of the provider.
C. This section applies when the telecommunication service originates or terminates
or both originates and terminates in this state.
D. Telecommunication fraud is a class 3 felony.
E. As used in this section:
1. "Credit card number" means the card number appearing on a credit card, telephone
calling card or access device as defined in section 13-2001 that is issued to a person by
any supplier of telecommunication service and that permits the person to whom the card or
access device has been issued to obtain telecommunication service.
2. "Telecommunication service" includes electronic communication services,
subscription computer services, telephone and telegraph services and all other services
that involve the transmission of information by wire, radio, cellular, wireless
transmission or similar means.
13-3709 Obtaining cable television services fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definition
A. Any person who with the intent to defraud another of any part of the lawful
charge for services that are provided over or by a licensed cable television system as
defined in section 9-505, makes any unauthorized connection, whether physically,
electrically, acoustically, inductively or otherwise, or attaches any unauthorized device
or devices to any cable, wire, microwave or other component of a licensed cable
television system, to a television set or to any other instrument that is authorized to
be attached to a cable television system is guilty of a class 2 misdemeanor.
B. Any person who manufactures, distributes, sells, rents, lends, offers or
advertises for sale, rental or use any device that the person intends to be used by
another person to obtain services that are provided over or by a licensed cable
television system without payment of the charge for those services is guilty of a class 6
felony.
C. For the purposes of subsection B of this section it is a rebuttable presumption
that the person intended that the device would be used by another person to obtain
services that are provided over or by a licensed cable television system without payment
of the charge for those services if, while advertising, selling, renting or lending the
device, the person states that the device will enable the person who receives the device
to obtain cable television or other services without payment of the charge for those
services.
D. For the purposes of subsection B of this section, it is a separate violation for
each individual device that is manufactured, distributed, sold, rented, lent, offered or
advertised for sale, rental or use in violation of subsection B of this section.
E. A person whose business or property is injured arising out of a violation of
this section may bring an action in superior court to recover damages or for an
injunction, or both. The successful party to the action may recover reasonable attorney
fees.
F. As used in this section "device" includes any component or combination of
components capable of converting a scrambled or coded cable television signal to a signal
usable on a standard television receiver.
13-3710 Obtaining subscription television services; manufacture, distribution and sale of interception and decoding devices; violation; classification; civil remedy; punitive damages
A. A person who for profit does either of the following is guilty of a class 1
misdemeanor:
1. Knowingly attaches or causes to be attached any device or devices to a
television set, videotape recorder or other equipment intended to receive television
transmissions or incorporates or causes to be incorporated any device into a television
set, videotape recorder or other equipment intended to receive television transmissions
for the purpose of intercepting or decoding any transmission by a duly licensed
over-the-air subscription television service which the person is not authorized by the
subscription television service to receive and decode.
2. Manufactures, distributes or sells any device, plan or kit for a device capable
of intercepting or decoding transmissions by a duly licensed over-the-air subscription
television service, with the intention that such device, plan or kit be used for such
intercepting or decoding, unless authorized by the over-the-air subscription television
service.
B. A person who suffers injury to his business or property arising out of the
violation of this section may maintain an action in the superior court for the recovery
of damages or for an injunction, or both. The successful party is entitled to recover
reasonable attorney fees as fixed by the court.
13-3712 Interruption of or injury to cable television systems; classification
Any person who, without the consent of the owner, knowingly tampers with, removes or
injures any cable, wire, microwave or other component of a licensed cable television
system as defined in section 9-505 or knowingly interrupts the service of such a licensed
cable television system without the consent of the owner is guilty of a class 2
misdemeanor.
13-3713 Consideration for referral of patient, client or customer; fraud; violation; classification
A. Except for payments from a medical researcher to a physician licensed pursuant
to title 32, chapter 13 or 17 in connection with identifying and monitoring patients for
A clinical trial regulated by the United States food and drug administration, a person
who knowingly offers, delivers, receives or accepts any rebate, refund, commission,
preference or other consideration as compensation for referring a patient, client or
customer to any individual, pharmacy, laboratory, clinic or health care institution
providing medical or health-related services or items pursuant to title 11, chapter 2,
article 7 or title 36, chapter 29, other than specifically provided for in accordance
with title 11, chapter 2, article 7 or title 36, chapter 29, is guilty of:
1. A class 3 felony if the consideration had a value of one thousand dollars or
more.
2. A class 4 felony if the consideration had a value of more than one hundred
dollars but less than one thousand dollars.
3. A class 6 felony if the consideration had a value of one hundred dollars or
less.
B. A person who knowingly presents false information or misrepresents or conceals a
material fact on an application for medical or health coverage pursuant to title 36,
chapter 29 or section 11-291 or who knowingly fails to notify the county of residence of
a change in conditions that, if notification had been made, would have resulted in
termination of eligibility or change in eligibility status for medical or health coverage
pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 6 felony.
C. A person who knowingly obtains or attempts to obtain medical or health coverage
pursuant to title 36, chapter 29 or section 11-291 by the use of any means of
identification not authorized by the ARIZONA health care cost containment system
administration or by the use of any means of identification authorized by the ARIZONA
health care cost containment system administration that has been or would have been
fraudulently acquired is guilty of:
1. A class 5 felony if the value of the medical or health coverage or attempted
coverage is one thousand dollars or more.
2. A class 6 felony if the value of the medical or health coverage or attempted
coverage exceeds one hundred dollars but is less than one thousand dollars.
3. A class 1 misdemeanor if the value of the medical or health coverage or
attempted coverage is one hundred dollars or less.
D. A person who knowingly counterfeits or alters any means of identification or
uses, transfers, acquires or possesses counterfeited or altered identification for the
purpose of fraudulently obtaining medical or health coverage pursuant to title 36,
chapter 29 or section 11-291 is guilty of a class 4 felony.
E. A person lawfully entitled to medical or health coverage pursuant to title 36,
chapter 29 or section 11-291 who knowingly furnishes, gives or lends that person's means
of identification to any person for the purpose of fraudulently obtaining medical or
health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 6
felony.
F. A person who knowingly aids or abets another person pursuant to section 13-301,
13-302 or 13-303 in the commission of an offense under this section or section 36-2905.04
is guilty of a class 5 felony.
G. The county attorney of the county in which the violation occurs and the attorney
general have concurrent jurisdiction to prosecute all violations specified in this
section.
13-3714 Aggravated or multiple violations of insurance code; classification
A person who knowingly performs any act for which the person is required to be
licensed under title 20, chapter 2, article 3, 3.1, 3.2, 3.3 or 3.4 to lawfully perform
and the person has been previously licensed pursuant to title 20, chapter 2, article 3,
3.1, 3.2, 3.3 or 3.4, but whose license was suspended or revoked at the time of the act
or has been convicted of violating any provision of title 20, chapter 2, article 3, 3.1,
3.2, 3.3 or 3.4, and who is not licensed at the time of the act, is guilty of a class 5
felony. 13-3715 Unauthorized manufacture, duplication, use or possession of key to a public building; classification
A. A person who knowingly causes to be manufactured or duplicated or who possesses
or uses a key to any building or other area owned, operated or controlled by this state
or any agency, board, commission, institution or political subdivision of this state
without authorization from the person, or his designated representative, in charge of
such building or area is guilty of a class 3 misdemeanor.
B. A person who manufactures or duplicates a key for himself or another to any
building or other area owned, operated or controlled by this state or any agency, board,
commission, institution or political subdivision of this state, with knowledge that he or
the person requesting the manufacturing or duplication of such key does not have
authorization from the person or his designated representative in charge of such building
or area, is guilty of a class 3 misdemeanor.
13-3716 Notice of conviction of dangerous crime against children or child abuse; violation; classification
A. It is unlawful for a person who has been convicted of a dangerous crime against
children as defined in section 13-604.01 or child abuse pursuant to section 13-3623,
subsection A or subsection B, paragraph 1 to fail to give notice of the fact of the
conviction to a business institution or organization when applying for employment or
volunteering for service with any business institution or organization that sponsors any
activity in which adults supervise children. For the purposes of this section, business
institutions or organizations include schools, preschools, child care providers and youth
organizations.
B. A person who violates this section is guilty of a class 5 felony. 13-3717 Unlawful subleasing of motor vehicle; violation; classification; definitions
A. A person engages in an act of unlawful subleasing of a motor vehicle if all of
the following conditions are met:
1. The motor vehicle is subject to a lease contract, retail installment contract or
security agreement the terms of which prohibit the transfer or assignment of any right or
interest in the motor vehicle or under the lease contract, retail installment contract or
security agreement.
2. The person is not a party to the lease contract, retail installment contract or
security agreement.
3. The person transfers or assigns, or purports to transfer or assign, any right or
interest in the motor vehicle or under the lease contract, retail installment contract or
security agreement to any person who is not a party to the lease contract, retail
installment contract or security agreement.
4. The person does not obtain, before the transfer or assignment, written consent
to the transfer or assignment from the motor vehicle's lessor, seller or secured party.
5. The person receives compensation or some other consideration for the transfer or
assignment.
B. A person engages in an act of unlawful subleasing of a motor vehicle if the
person is not a party to the lease contract, retail installment contract or security
agreement and assists, causes or arranges an actual or purported transfer or assignment.
C. The actual or purported transfer or assignment, or the assisting, causing or
arranging of an actual or purported transfer or assignment, of any right or interest in a
motor vehicle or under a lease contract, retail installment contract or security
agreement by an individual who is a party to the lease contract, retail installment
contract or security agreement is not an act of unlawful subleasing of a motor vehicle
and is not subject to prosecution.
D. This section does not affect the enforceability of any provision of any lease
contract, retail installment contract, security agreement or direct loan agreement by any
party to the contract or agreement.
E. The penalties under this section are in addition to any other remedies or
penalties provided by law for the conduct proscribed by this section.
F. A person who violates subsection A of this section is guilty of a class 1
misdemeanor.
G. In this section, unless the context otherwise requires:
1. "Buyer" means a person who buys or hires a motor vehicle under a retail
installment contract.
2. "Direct loan agreement" means an agreement between a lender and a purchaser by
which the lender has advanced monies pursuant to a loan secured by the motor vehicle
which the purchaser has purchased.
3. "Lease contract" means a contract for or in contemplation of the lease for the
use of a motor vehicle and the purchase of services incidental to the lease by a natural
person for a term exceeding four months primarily for personal, family, household,
business or commercial purposes, whether or not it is agreed that the lessee bears the
risk of the motor vehicle's depreciation.
4. "Lessee" includes a bailee and means a natural person who leases, offers to
lease or is offered the lease of a motor vehicle under a lease contract.
5. "Lessor" includes a bailor and means a person who is engaged in the business of
leasing, offering to lease or arranging the lease of a motor vehicle under a lease
contract.
6. "Motor vehicle" means a motor vehicle which is required to be registered under
title 28, chapter 7 and which has a gross weight, as defined in section 28-5431, of ten
thousand pounds or less.
7. "Purchaser" has the same meaning prescribed in section 47-1201.
8. "Retail installment contract" has the same meaning prescribed in section 44-281
and includes the sale of a motor vehicle between a buyer and a seller primarily for
business or commercial purposes.
9. "Secured party" has the same meaning prescribed in section 47-9102.
10. "Security agreement" has the same meaning prescribed in section 47-9102.
11. "Security interest" has the same meaning prescribed in section 47-1201.
12. "Seller" means a person engaged in the business of selling or leasing motor
vehicles under a retail installment contract.
13-3718 Sale of ticket in excess of regular price; classification; definition
A. It is unlawful for any person to sell or offer to sell a ticket of admission to
an event, which ticket was purchased for the purpose of resale, for a price in excess of
the price as printed on the face of the ticket, plus lawful taxes and any other charge or
assessment which is required to be paid in order to purchase the ticket from the original
vendor, while being within two hundred feet of an entry to the stadium, arena, theater or
other place where an event is being held, or of the entry to a contiguous parking area.
B. It is unlawful for any person to change the price printed on the face of the
ticket without the written permission of the original vendor of the ticket.
C. Any person who violates this section is guilty of a petty offense.
D. For purposes of this section, "event" shall mean a theatrical production,
concert, sporting event or other entertainment event.
13-3719 Obtaining wireless telecommunications services or wireless telecommunications devices fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definitions
A. A person who with the intent to defraud another person of any part of the lawful
charge for services that are provided over or by a wireless telecommunications service or
wireless telecommunications device, who makes any unauthorized connection, whether
physically, electrically, acoustically, inductively or otherwise, or who attaches any
unauthorized device or devices to any cable, wire, microwave or other component of a
wireless telecommunications service or wireless telecommunications device, or to any
other instrument that is authorized to be attached to a wireless telecommunications
service or wireless telecommunications device is guilty of a class 2 misdemeanor.
B. A person who manufactures, distributes, sells, rents, lends, offers or
advertises for sale, rental or use any device that the person intends to be used by
another person to obtain services that are provided over or by a wireless
telecommunications service or wireless telecommunications device without payment of the
charge for those services is guilty of a class 6 felony.
C. For the purposes of subsection B it is a rebuttable presumption that the person
intended that the device would be used by another person to obtain services that are
provided over or by a wireless telecommunications service or wireless telecommunications
device without payment of the charge for those services if, while advertising, selling,
renting or lending the device, the person states that the device will enable the person
who receives the device to obtain wireless telecommunications services or wireless
telecommunications devices without payment of the charge for those services.
D. For the purposes of subsection B, it is a separate violation for each individual
device that is manufactured, distributed, sold, rented, lent, offered or advertised for
sale, rental or use in violation of subsection B.
E. A person whose business or property is injured arising out of a violation of
this section may bring an action in superior court to recover damages or for an
injunction, or both. The successful party to the action may recover reasonable attorney
fees.
F. For the purposes of this section:
1. "Wireless telecommunications device" means an instrument, device, machine or
equipment that is capable of transmitting or receiving telephonic, electronic or radio
communications or any part of an instrument, device, machine or equipment. Wireless
telecommunications device includes computer circuits, computer chips, electronic
mechanisms or other components that are capable of facilitating the transmission or
reception of telephonic, electronic or radio communications.
2. "Wireless telecommunications service" includes any service that is provided for
a charge or compensation to facilitate the origination, transmission, emission or
reception of signs, signals, data, writings, images and sounds or intelligence of any
nature by wireless telephone equipment, including cellular telephone, wire, radio
electromagnetic, photoelectronic or photo-optical system.
13-3720 Dropping objects from overpass; classification; definition
A. A person on an overpass who with criminal negligence drops, throws, shoots or
otherwise propels an object at or on the lower level street or highway or at or on a
motor vehicle that is standing or being operated on the lower level street or highway is
guilty of a class 1 misdemeanor.
B. For purposes of this section, "overpass" means the upper level of a crossing, at
different levels, of two streets or highways or a street or highway and a pedestrian path
or railroad.
13-3721 Tattoos, brands, scarifications and piercings; minors; anesthesia; exception; defense; violation; classification; definitions
A. It is unlawful for a person:
1. To intentionally brand, scarify, implant, mutilate, tattoo or pierce the body of
a person who is under eighteen years of age without the physical presence of the parent
or legal guardian of the person requesting the brand, scar, tattoo, implant, mutilation
or piercing.
2. Who tattoos or pierces the body of another person to use a needle or any
substance that will leave color under the skin more than once or to use a needle that is
not sterilized with equipment used by state licensed medical facilities pursuant to title
36, chapter 4.
3. To engage in the business of tattooing, branding, scarifying, implanting,
mutilating or body piercing out of a home or an impermanent structure, including a tent,
trailer, trunk or other impermanent structure.
4. Who is not licensed pursuant to title 32 to administer anesthesia during the
course of any procedure involving the branding, scarifying, tattooing, implanting,
mutilating or piercing of the body of another person.
B. Subsection A, paragraph 1 does not apply to the ear piercing of a person who has
written or verbal permission from a parent or legal guardian or to procedures that are
prescribed by a health care provider who is licensed pursuant to title 32.
C. It is a defense to a prosecution for a violation of subsection A, paragraph 1
that the person requested age identification and relied in good faith on the accuracy of
the information contained in the identification.
D. A person who violates this section is guilty of a class 6 felony.
E. For the purposes of this section:
1. "Implant", "mutilate", "brand", "scarify" or "pierce" means to mark the skin or
other body part with any indelible design, letter, scroll, figure, symbol or other mark
that is placed by the aid of instruments on or under the skin or body part and that
cannot be removed without a surgical procedure or any design, letter, scroll, figure,
symbol or other mark done by scarring on or under the skin or other body part. Implant
does not include cosmetic implants.
2. "Tattoo" means to mark the skin with any indelible design, letter, scroll,
figure, symbol or any other mark that is placed by the aid of needles or other
instruments upon or under the skin with any substance that will leave color under the
skin and that cannot be removed, repaired or reconstructed without a surgical procedure
or any design, letter, scroll, figure, symbol or other mark done by scarring upon or
under the skin.
13-3722 Solicitations for American veterans' organizations; approval; violation; classification
A. It is unlawful for a person to solicit money or other support in the name of
American veterans unless the veterans' organization for which the person is soliciting
money or other support is officially approved by the department of veterans' services
pursuant to section 41-603.
B. A person who violates this section is guilty of a class 3 misdemeanor.
13-3723 Unlawful operation of a recording device with the intent to record a motion picture; classification; definitions
A. It is unlawful for a person to knowingly operate an audiovisual recording
function of a device in a facility in which a motion picture is being exhibited with the
intent to record the motion picture when that person knew or should have known they were
doing so without the consent of the owner or lessee of the facility in which the motion
picture is being exhibited.
B. With reasonable cause, a person may detain on the premises in a reasonable
manner and for a reasonable time any person suspected of the unlawful recording of a
motion picture as prescribed in subsection A for questioning or summoning a law
enforcement officer. For the purposes of this subsection, "person" means:
1. The owner or lessee of a facility in which a motion picture is being exhibited
or the owner's or lessee's authorized agent or employee.
2. The licensor of the motion picture being exhibited or the licensor's authorized
agent or employee.
C. This section does not prevent any federal or state law enforcement agency or
officer that is engaged in any intelligence gathering activities or any other lawful
investigation from operating any audiovisual recording device in any facility in which a
motion picture is being exhibited.
D. This section does not prevent prosecution under any other provision of law that
provides for a greater penalty.
E. A person who violates this section is guilty of a class 1 misdemeanor.
F. For the purposes of this section:
1. "Audiovisual recording function" means the capability of a device to record or
transmit a motion picture or any part of a motion picture by means of any technology now
known or later developed.
2. "Facility" means any theater, screening room, indoor or outdoor screening venue,
auditorium, ballroom or other premises where motion pictures are publicly exhibited,
regardless of whether an admission fee is charged, but does not include the lobby area of
a theater or a personal residence.
13-3724 Obtaining utility service fraudulently; classification; definitions
A. It is unlawful for any customer or person to intentionally do any of the
following:
1. Make a connection or reconnection with property that is owned or used by a
utility to provide utility service without the authorization or consent of the utility.
2. Prevent a utility meter or other device that is used to determine the charge for
utility services from accurately performing its measuring function.
3. Tamper with property that is owned or used by a utility.
4. Use, receive or otherwise divert utility services without the authorization or
consent of the utility if the customer or person knows or has reason to know of the
unlawful diversion, tampering or connection.
5. Divert or cause to be diverted utility services by any means.
B. There is a rebuttable presumption that the customer or person intentionally
violated an act specified in this section if any of the following occurs:
1. An instrument, apparatus or device that was installed to obtain utility service
without paying the full charge is found attached to the meter or other device that is
used to provide the utility service on the premises controlled by the customer or by the
person who uses or receives the utility service.
2. A meter was altered, tampered with or bypassed resulting in no measurement or an
inaccurate measurement of utility services.
3. The customer, person or owner is an occupant of the premises or has an access to
the system for delivery of the service to the premises and receives a benefit from
tampered or bypassed equipment.
C. The presumption provided in subsection B shifts the burden of going forward with
the evidence and does not shift the burden of proof to the defendant.
D. Obtaining utility service fraudulently is a class 6 felony.
E. For the purposes of this section:
1. "Customer" means the person in whose name a utility service is provided.
2. "Divert" means to change the intended course or path of electricity, gas or
water without the authorization or consent of the utility.
3. "Reconnection" means the restoration of utility service to a customer or person
after service has been legally disconnected by the utility.
4. "Tamper" means to rearrange, damage, alter, interfere with or otherwise prevent
the performance of a normal or customary function, including any of the following:
(a) Connecting any wire, conduit or device to any service, distribution or
transmission line that is owned or used by a utility.
(b) Defacing, puncturing, removing, reversing or altering any meter or any
connections to secure unauthorized or unmeasured utility service.
(c) Preventing any meter from properly measuring or registering.
(d) Knowingly taking, receiving, using or converting to personal use or the use of
another person any utility service without authorization or consent.
(e) Causing, procuring, permitting, aiding or abetting any person to do any of the
acts listed in this paragraph.
5. "Utility" means any public service corporation, agriculturaL improvement
district or other person that is engaged in the generation, transmission or delivery of
electricity, water or natural gas, including this state or any political subdivision of
this state.
6. "Utility service" means the provision of services or commodities by the utility
for compensation.
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