1. (1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.

2. (2) An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device:

   1. (a) with the intent to avoid the payment of a lawful charge for telecommunication service; or
   2. (b) with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service.

3. (3)

   1. (a) A violation of Subsection (2) is:

      1. (i) a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained;
      2. (ii) a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000;
      3. (iii) a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000; or

      4. (iv) a second degree felony, if:

         1. (A) the value of the telecommunication service is or exceeds $5,000;
         2. (B) the cloned cellular telephone was used to facilitate the commission of a felony; or
         3. (C) the actor previously has been convicted of a violation of this section.
   2. (b) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.

Amended by Chapter 111, 2023 General Session