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Section: 570.0300 Beginning January 1, 2017--Facilitating the theft of cable television service--penalty. RSMO 570.300


Published: 2015

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Missouri Revised Statutes













Chapter 570

Robbery, Stealing and Related Offenses

←570.255

Section 570.300.1

570.300→

August 28, 2015

Beginning January 1, 2017--Facilitating the theft of cable television service--penalty.

570.300. 1. A person commits the offense of facilitating the theft

of cable television service if he or she knowingly sells, uses,

manufactures, rents, or offers for sale, rental, or use any device, plan,

or kit designed and intended to obtain cable television without paying all

lawful compensation to the operator of such service.



2. The offense of facilitating theft of cable television service is a

class D felony.



3. Nothing in this section shall be construed to render unlawful or

prohibit an individual or other legal entity from owning or operating a

video cassette recorder or devices commonly known as a satellite receiving

dish for the purpose of receiving and utilizing satellite-relayed

television signals for his or her own use.



(L. 1986 S.B. 450 § 18, A.L. 2002 H.B. 1888, A.L. 2005 H.B. 353,

A.L. 2014 S.B. 491)



Effective 1-01-17





2005

2002

1991



2005



570.300. 1. A person commits the crime of theft of cable television

service if he:



(1) Knowingly obtains or attempts to obtain cable television service

without paying all lawful compensation to the operator of such service, by

means of artifice, trick, deception or device; or



(2) Knowingly assists another person in obtaining or attempting to

obtain cable television service without paying all lawful compensation to the

operator of such service; or



(3) Knowingly connects to, tampers with or otherwise interferes with any

cables, wires or other devices used for the distribution of cable television

if the effect of such action is to obtain cable television without paying all

lawful compensation therefor; or



(4) Knowingly sells, uses, manufactures, rents or offers for sale,

rental or use any device, plan or kit designed and intended to obtain cable

television service in violation of this section; or



(5) Knowingly attempts to connect to, tamper with, or otherwise

interfere with any cable television signal, cables, wires, devices, or

equipment, which is used for the distribution of cable television and which

results in the unauthorized use of a cable television system or the disruption

of the delivery of the cable television service. Nothing in this section

shall be construed to prohibit, restrict, or otherwise limit the purchase,

sale, or use of any products, including without limitation hardware,

software, or other items, intended to provide services and features to a

customer who has lawfully obtained a connection from a cable company.



2. Theft of cable television service is a class C felony if the value of

the service appropriated is five hundred dollars or more or if the theft is a

violation of subdivision (5) of subsection 1 of this section, otherwise theft

of cable television services is a class A misdemeanor.



3. Any cable television operator may bring an action to enjoin and

restrain any violation of the provisions of this section or bring an action

for conversion. In addition to any actual damages, an operator may be

entitled to punitive damages and reasonable attorney fees in any case in

which the court finds that the violation was committed willfully and for

purposes of commercial advantage. In the event of a defendant's verdict the

defendant may be entitled to reasonable attorney fees.



4. The existence on the property and in the actual possession of the

accused of any connection wire, or conductor, which is connected in such a

manner as to permit the use of cable television service without the same being

reported for payment to and specifically authorized by the operator of the

cable television service shall be sufficient to support an inference which

the trial court may submit to the trier of fact, from which the trier of fact

may conclude that the accused has committed the crime of theft of cable

television service.



5. If a cable television company either:



(1) Provides unsolicited cable television service; or



(2) Fails to change or disconnect cable television service within ten

days after receiving written notice to do so by the customer, the customer

may deem such service to be a gift without any obligation to the cable

television company from ten days after such written notice is received until

the service is changed or disconnected.



6. Nothing in this section shall be construed to render unlawful or

prohibit an individual or other legal entity from owning or operating a video

cassette recorder or devices commonly known as a satellite receiving dish for

the purpose of receiving and utilizing satellite-relayed television signals

for his own use.



7. As used in this section, the term "cable television service" includes

microwave television transmission from a multipoint distribution service not

capable of reception by conventional television receivers without the use of

special equipment.



2002



570.300. 1. A person commits the crime of theft of cable television

service if he:



(1) Knowingly obtains or attempts to obtain cable television service

without paying all lawful compensation to the operator of such service, by

means of artifice, trick, deception or device; or



(2) Knowingly assists another person in obtaining or attempting to

obtain cable television service without paying all lawful compensation to

the operator of such service; or



(3) Knowingly connects to, tampers with or otherwise interferes with

any cables, wires or other devices used for the distribution of cable

television if the effect of such action is to obtain cable television

without paying all lawful compensation therefor; or



(4) Knowingly sells, uses, manufactures, rents or offers for sale,

rental or use any device, plan or kit designed and intended to obtain cable

television service in violation of this section.



2. Theft of cable television service is a class C felony if the value

of the service appropriated is five hundred dollars or more; otherwise

theft of cable television services is a class A misdemeanor.



3. Any cable television operator may bring an action to enjoin and

restrain any violation of the provisions of this section or bring an action

for conversion. In addition to any actual damages, an operator may be

entitled to punitive damages and reasonable attorney fees in any case in

which the court finds that the violation was committed willfully and for

purposes of commercial advantage. In the event of a defendant's verdict

the defendant may be entitled to reasonable attorney fees.



4. The existence on the property and in the actual possession of the

accused of any connection wire, or conductor, which is connected in such a

manner as to permit the use of cable television service without the same

being reported for payment to and specifically authorized by the operator

of the cable television service shall be sufficient to support an inference

which the trial court may submit to the trier of fact, from which the trier

of fact may conclude that the accused has committed the crime of theft of

cable television service.



5. If a cable television company either:



(1) Provides unsolicited cable television service; or



(2) Fails to change or disconnect cable television service within ten

days after receiving written notice to do so by the customer, the customer

may deem such service to be a gift without any obligation to the cable

television company from ten days after such written notice is received

until the service is changed or disconnected.



6. Nothing in this section shall be construed to render unlawful or

prohibit an individual or other legal entity from owning or operating a

video cassette recorder or devices commonly known as a "satellite receiving

dish" for the purpose of receiving and utilizing satellite-relayed

television signals for his own use.



7. As used in this section, the term "cable television service"

includes microwave television transmission from a multipoint distribution

service not capable of reception by conventional television receivers

without the use of special equipment.



1991



570.300. 1. A person commits the crime of theft of cable

television service if he:



(1) Knowingly obtains or attempts to obtain cable television

service without paying all lawful compensation to the operator of

such service, by means of artifice, trick, deception or device;

or



(2) Knowingly assists another person in obtaining or

attempting to obtain cable television service without paying all

lawful compensation to the operator of such service; or



(3) Knowingly connects to, tampers with or otherwise

interferes with any cables, wires or other devices used for the

distribution of cable television if the effect of such action is

to obtain cable television without paying all lawful compensation

therefor; or



(4) Knowingly sells, uses, manufactures, rents or offers for

sale, rental or use any device, plan or kit designed and intended

to obtain cable television service in violation of this section.



2. Theft of cable television service is a class C felony if

the value of the service appropriated is one hundred fifty

dollars or more; otherwise theft of cable television services is

a class A misdemeanor.



3. Any cable television operator may bring an action to

enjoin and restrain any violation of the provisions of this

section or bring an action for conversion. In addition to any

actual damages, an operator may be entitled to punitive damages

and reasonable attorney fees in any case in which the court finds

that the violation was committed willfully and for purposes of

commercial advantage. In the event of a defendant's verdict the

defendant may be entitled to reasonable attorney fees.



4. The existence on the property and in the actual

possession of the accused of any connection wire, or conductor,

which is connected in such a manner as to permit the use of cable

television service without the same being reported for payment to

and specifically authorized by the operator of the cable

television service shall be sufficient to support an inference

which the trial court may submit to the trier of fact, from which

the trier of fact may conclude that the accused has committed the

crime of theft of cable television service.



5. If a cable television company either:



(1) Provides unsolicited cable television service; or



(2) Fails to change or disconnect cable television service

within ten days after receiving written notice to do so by the

customer, the customer may deem such service to be a gift without

any obligation to the cable television company from ten days

after such written notice is received until the service is

changed or disconnected.



6. Nothing in this section shall be construed to render

unlawful or prohibit an individual or other legal entity from

owning or operating a video cassette recorder or devices commonly

known as a "satellite receiving dish" for the purpose of

receiving and utilizing satellite-relayed television signals for

his own use.



7. As used in this section, the term "cable television

service" includes microwave television transmission from a

multipoint distribution service not capable of reception by

conventional television receivers without the use of special

equipment.



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