§ 5-37-403 - Penalties. - Arkansas Statutes

5-37-403. Penalties.

(a) (1) Upon conviction, any person violating a provision of 5-37-402(a)(1) or (2) is guilty of a Class B misdemeanor.

(2) Upon conviction, any person violating a provision of 5-37-402(a)(3)-(6) is guilty of a Class D felony.

(3) An offense under this subchapter is a Class C felony if:

(A) The defendant has been convicted previously on two (2) or more occasions for an offense under this subchapter or for any similar crime in this state or any federal or other state jurisdiction; or

(B) The violation of this subchapter involves possession of more than fifty (50) communication devices or unlawful access devices.

(b) The penalty for an offense under this section when based upon a prior conviction, includes, but is not limited to, a felony offense involving theft of service or fraud under this subchapter or a violation of the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779, as in effect on March 1, 2003.

(c) The court shall sentence a person convicted of violating this subchapter to make restitution as authorized by law, in addition to any other sentence authorized by law.

(d) Upon conviction of a defendant under this subchapter, the court may direct that the defendant forfeit any communication device or unlawful access device in the defendant's possession or control that was involved in the violation for which the defendant was convicted, in addition to any other sentence authorized by law.