§ 14-118.5. Theft of cable television service. - North Carolina Statutes

§14‑118.5.  Theft of cable television service.

(a)        Any person, firm orcorporation who, after October 1, 1984, knowingly and willfully attaches ormaintains an electronic, mechanical or other connection to any cable, wire,decoder, converter, device or equipment of a cable television system orremoves, tampers with, modifies or alters any cable, wire, decoder, converter,device or equipment of a cable television system for the purpose ofintercepting or receiving any programming or service transmitted by such cabletelevision system which person, firm or corporation is not authorized by thecable television system to receive, is guilty of a Class 3 misdemeanor whichmay include a fine not exceeding five hundred dollars ($500.00). Eachunauthorized connection, attachment, removal, modification or alteration shallconstitute a separate violation.

(b)        Any person, firm orcorporation who knowingly and willfully, without the authorization of a cabletelevision system, distributes, sells, attempts to sell or possesses for salein North Carolina any converter, decoder, device, or kit, that is designed todecode or descramble any encoded or scrambled signal transmitted by such cabletelevision system, is guilty of a Class 3 misdemeanor which may include a finenot exceeding five hundred dollars ($500.00). The term "encoded orscrambled signal" shall include any signal or transmission that is notintended to produce an intelligible program or service without the aid of adecoder, descrambler, filter, trap or other electronic or mechanical device.

(c)        Any cabletelevision system may institute a civil action to enjoin and restrain anyviolation of this section, and in addition, such cable television system shallbe entitled to civil damages in the following amounts:

(1)        For each violationof subsection (a), three hundred dollars ($300.00) or three times the amount ofactual damages, if any, sustained by the plaintiff, whichever amount isgreater.

(2)        For each violationof subsection (b), one thousand dollars ($1,000) or three times the amount ofactual damages, if any, sustained by the plaintiff, whichever amount isgreater.

(d)        It is not anecessary prerequisite to a civil action instituted pursuant to this sectionthat the plaintiff has suffered or will suffer actual damages.

(e)        Proof that anyequipment, cable, wire, decoder, converter or device of a cable televisionsystem was modified, removed, altered, tampered with or connected without theconsent of such cable system in violation of this section shall be prima facie evidencethat such action was taken knowingly and willfully by the person or persons inwhose name the cable system's equipment, cable, wire, decoder, converter ordevice is installed or the person or persons regularly receiving the benefitsof cable services resulting from such unauthorized modification, removal,alteration, tampering or connection.

(f)         The receipt,decoding or converting of a signal from the air by the use of a satellite dishor antenna shall not constitute a violation of this section.

(g)        Cable televisionsystems may refuse to provide service to anyone who violates subsection (a) ofthis section whether or not the alleged violator has been prosecutedthereunder. (1977, 2nd Sess., c. 1185, s. 1; 1983 (Reg. Sess.,1984), c. 1088, s. 1; 1993, c. 539, s. 65; 1994, Ex. Sess., c. 24, s. 14(c).)