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Home > Statutes > Usa Arizona

USA Statutes : arizona
Title : Criminal Code
Chapter : WIRELESS TELEPHONE COUNTERFEITING

13-4801 Definitions
In this chapter, unless the context otherwise requires:
1. "Acquire" means to electronically capture, record, reveal or otherwise access by
means of any instrument, device or equipment a cellular or wireless telephone's
electronic serial number or mobile identification number without the consent of the
communication service provider.
2. "Cellular telephone" means a communication device that contains an electronic
serial number and the operation of which depends on the transmission of that electronic
serial number together with the mobile identification number in the form of radio signals
through cell sites and mobile switching stations.
3. "Cloned cellular or wireless telephone" means a cellular or wireless telephone
in which the manufacturer's electronic serial number has been altered.
4. "Cloning paraphernalia" means the materials that are necessary to create a
cloned cellular or wireless telephone and includes scanners to intercept electronic
serial numbers, cellular telephones and mobile identification numbers, wireless
telephones, cables, chips, burners, software and the computers containing the software to
program a cloned cellular or wireless telephone's microchip with a false electronic
serial number and mobile identification number combination and lists of electronic serial
number and mobile identification number combinations.
5. "Communication service provider" has the same meaning prescribed in section
13-3001.
6. "Electronic serial number" means the unique numerical algorithm that the
manufacturer programs into the microchip of each wireless telephone.
7. "Mobile identification number" means the cellular or wireless telephone number
that the cellular or wireless telephone carrier assigns to the wireless telephone.
8. "Wireless telephone" means a communication device that transmits radio,
satellite or other mobile telephone communication.

13-4802 Possession or sale of cloned cellular or wireless telephones; exception; violation; classification
A. It is unlawful for a person to knowingly do any of the following:
1. Possess a cloned cellular or wireless telephone.
2. Possess an instrument that is capable of acquiring electronic serial number and
mobile identification number combinations with the intent to clone a cellular or wireless
telephone.
3. Sell a cloned cellular or wireless telephone.
B. This section does not prohibit the possession, sale or use of cloning
paraphernalia or cloned cellular or wireless telephones or the acquisition of electronic
serial numbers or mobile identification numbers 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 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. A person who violates this section is guilty of a class 4 felony.

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