76-6-409.6. Use of telecommunication device to avoid lawful charge for service.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-409.5
(2) An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device: with the intent to avoid the payment of a lawful charge for telecommunication service; or with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service.
(3) A violation of Subsectionis: (2) a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained; a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000; a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000; or a second degree felony, if: the value of the telecommunication service is or exceeds $5,000; the cloned cellular telephone was used to facilitate the commission of a felony; or the actor previously has been convicted of a violation of this section. An actor who violates this section is subject to the restitution and civil action provisions described in Section. 76-6-409.10