Bill 3600

                    Current Status

Bill Number:               3600
Ratification Number:       475
Act Number:                407
Introducing Body:          House
Subject:                   Relating to the Theft of Cable Television
                           Service Act

(A407, R475, H3600)

AN ACT TO AMEND CHAPTER 11 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PROPERTY, BY ADDING ARTICLE 8, THE THEFT OF CABLE TELEVISION SERVICE ACT AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Theft of Cable Television Service Act

SECTION 1. Chapter 11 of Title 16 of the 1976 Code is amended by adding:

"Article 8

Theft of Cable Television Service

Section 16-11-810. This article may be cited as the Theft of Cable Television Service Act.

Section 16-11-815. As used in this article, 'cable television service' includes (1) services provided by or through the facilities of any cable television system or closed circuit coaxial cable communication system, and (2) any transmission service used in connection with any cable television system or similar closed circuit coaxial cable communication system.

Section 16-11-820. It is unlawful for any person knowingly to obtain or use cable television service without the authorization of, or payment to, the operator of the service. The existence of any connection, wire, conductor, or other device whatsoever, between facilities of a cable television system or closed circuit coaxial cable communication system and the premises occupied by the person which makes possible the use of cable television service by any person without that use being specifically authorized by, or compensation paid to, the operator of cable television service creates a rebuttable presumption that the occupant of the premises has violated this section, but the presumption does not relieve the State from the burden of proving every element of the offense. If any person shall pay the amount charged for service provided by the operator of the cable television system, whether or not the amount billed is in conformity with the established charges for the service, the person shall not be guilty of any offense hereunder by reason of the use of the service.

Section 16-11-825. It is unlawful for any person to make or use a connection not authorized by the operator of a cable television service, whether physical, electrical, mechanical, electronic, induction, or otherwise, or to attach any unauthorized device, or permit the attachment of any unauthorized connection or device to any cable, wire, or other component of a cable television system or service or to a television set connected into the system or service, for the purpose of permitting the reception and viewing of signals which are intended to be received and viewed only upon payment to the operator of the cable television system of the lawful charge therefor.

Section 16-11-830. It is unlawful for any person to assist, instruct, aid or abet, or attempt to assist, instruct, aid or abet any other person in obtaining any cable television service without payment of the lawful charge therefor.

Section 16-11-835. It is unlawful for any person, firm, or corporation to advertise, promote the sale of, sell, rent, install, or use any instrument, apparatus, equipment, or device, or plans or instructions for making or assembling the same, designed or adapted to avoid the lawful charge for any cable television service.

Section 16-11-840. It is unlawful for any person, without the express authorization of a franchised or other duly licensed cable television system, knowingly and wilfully to manufacture, import into this State, distribute, sell, offer to sell, possess for sale, advertise for sale, or install any device, or any plan or kit for a device or for a printed circuit, designed in whole or in part to decode, descramble, or otherwise make intelligible any encoded, scrambled, or other nonstandard signal carried by that cable television system. For the purposes of this section, 'encoded, scrambled, or other nonstandard signal' includes, but is not limited to, any type of signal not intended to produce an intelligible program or service without the aid of a decoder, descrambler, filter, trap, or similar device.

Section 16-11-845. It is unlawful for any person (a) to use a converter or similar device for the reception of intelligible signals without the authorization of the operator of the cable television system, (b) to sell a converter or similar device to any other person with knowledge that the person intends to use it for the reception of intelligible signals without the authorization of the operator of the cable television system or, (c) to install a converter or similar device for any other person with knowledge that the person intends to use it for the reception of intelligible signals without the authorization of the operator of the cable television system. This section does not prohibit the manufacture, distribution, or sale of any television receiver in which a converter has been incorporated by the manufacturer.

Section 16-11-850. Nothing in this article makes it unlawful to receive or capture signals from the air by use of a satellite dish, antenna, or otherwise.

Section 16-11-855. Any person who violates any section of this article is guilty of a misdemeanor and upon conviction for a first offense must be fined not more than two hundred dollars or imprisoned for not more than thirty days and for a second and subsequent offense fined not more than one thousand dollars or imprisoned for not more than one year, or both."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.