PENAL CODE SECTION 502.7 502.7 OBTAINING TELEPHONE OR TELEGRAPH SERVICES BY FRAUD OBTAINED & TYPED BY RADICAL RICK ON BROADWAY xxx-xxx-xxxx FORMATTED FOR 80 COLUMNS. THIS FILE IS FOR ALL PHREAKS WHO WANT TO KNOW WHAT IS ILLEGAL AND WHAT ISN'T...KNOW WHAT YOU'RE GETTING INTO. (THIS IS CALIFORNIA LAW. I DON'T KNOW HOW DIFFERENT OTHER STATES ARE) (A) A PERSON WHO, KNOWINGLY, WILLFULLY, AND WITH INTENT TO DEFRAUD A PERSON PROVIDING TELEPHONE OR TELEGRAPH SERVICE, AVOIDS OR ATTEMPTS TO AVOID, OR AIDS ABETS OR CAUSES ANOTHER TO AVOID THE LAWFUL CHARGE, IN WHOLE OR IN PART, FOR TELEPHONE OR TELEGRAPH SERVICE BY ANY OF THE FOLLOWING MEANS IS GUILTY OF A MISDEMEANOR: (1) BY CHARGING SUCH SERVICE TO AN EXISTING TELEPHONE NUMBER OR CREDIT CARD NUMBER WITHOUT THE AUTHORITY OF THE SUBSCRIBER THERETO OR THE LAWFUL HOLDER THEREOF; OR (2) BY CHARGING SUCH SERVICE TO A NONEXISTENT TELEPHONE NUMBER OR CREDIT CARD NUMBER, OR TO A NUMBER ASSOCIATED WITH TELEPHONE SERVICE WHICH IS SUSPENDED OR TERMINATED, OR TO A REVOKED OR CANCELED (AS DISTINGUISHED FROM EXPIRED) CREDIT CARD NUMBER, NOTICE OF SUCH SUSPENSION, TERMINATION, REVOCATION OR CANCELLATION OF SUCH TELEPHONE SERVICE OR CREDIT CARD HAVING BEEN GIVEN TO THE SUBSRIBER THERETO OR THE HOLDER THEREOF; OR (3) BY USE OF A CODE, PREARRANGED SCHEME, OR OTHER SIMILAR STRATEGEM OR DEVICE WHEREBY SAID PERSON, IN EFFECT, SENDS OR RECEIVES INFORMATION; OR (4) BY REARRANGING, TAMPERING WITH, OR MAKING CONNECTION WITH TELEPHONE OR TELEGRAPH FACILITES OR EQUIPMENT, WHETHER PHYSICALLY, ELECTRICALLY, ACOUSTICALLY, INDUCTIVELY OR OTHERWISE, OR BY USING TELPHONE OR TELEGRAPH SERVICE WITH THE KNOWLEDGE OR REASON TO BELIEVE THAT SUCH REARRANGEMENT, TAMPERING OR CONNECTION EXISTED AT THE TIME OF SUCH USE; OR (5) BY USING ANY OTHER DECEPTION, FALSE PRETENSE, SCHEME, DEVICE, OR MEANS. (B) A PERSON WHO (1) MAKES, POSSESSES, SELLS, GIVES OR OTHERWISE TRANSFERS TO ANOTHER OR OFFERS OR ADVERTISES AN INSTRUMENT, APPARATUS, OR DEVICE WITH INTENT TO USE IT OR WITH KNOWLEDGE OR REASON TO BELIEVE IT IS INTENDED TO BE USED TO AVOID ANY LAWFUL TELEPHONE OR TELEGRAPH TOLL CHARGE OR TO CONCEAL THE EXISTENCE OR PLACE OF ORIGIN OR DESTINATION OF ANY TELEPHONE OR TELEGRAPH MESSAGE; OR (2) SELLS, GIVE, OR OTHERWISE TRANSFERS TO ANOTHER OR OFFERS, OR ADVERTISES PLANS OR INSTRUCTIONS FOR MAKING OR ASSEMBLING AN INSTRUMENT, APPARATUS OR DEVICE DESCRIBED IN PARAGRAPH (1) OF THIS SUBDIVISION WITH KNOWLEDGE OR REASON TO BELIEVE THAT THEY MAY BE USED TO MAKE OR ASSEMBLE SUCH INSTRUMENT, APPARATUS OR DEVICE IS GUILTY OF A MISDEMEANOR. (C) ANY PERSON WHO PUBLISHED THE NUMBER OR CODE OF AN EXISTING, CANCELED, REVOKED, EXPIRED, OR NON-EXISTENT CREDIT CARD, OR THE NUMBERING OR CODING WHICH IS EMPLOYED IN THE ISSUANCE OF CREDIT CARDS, IN THE INTENT THAT IT BE USED OR WITH KNOWLEDGE OR REASON TO BELIEVE THAT IT WILL BE USED TO AVOID THE PAYMENT OF ANY LAWFUL TELEPHONE OR TELEGRAPH TOLL CHARGE IS GUILTY OF A MISDEMEANOR. THE PROVISIONS OF SUBDIVISION (F) SHALL NOT APPLY TO THIS SUBDIVISION. USED IN THIS SECTION, "PUBLISHES" MEANS THE COMMUNICATION OF INFORMATION TO ANY ONE OR MORE PERSONS, EITHER ORALLY, IN PERSON OR BY TELEPHONE, TELEVISION, OR IN WRITING OF ANY KIND, INCLUDING WITHOUT LIMITATION A LETTER OR MEMORANDUM, CIRCULAR OR HANDBILL, NEWSPAPER OR MAGAZINE ARTICLE, OR BOOK. (D) SUBDIVISION (A) OF THIS SECTION SHALL APPLY WHEN TELEPHONE OR TELEGRAPH COMMUNICATION INVOLVED ORIGINATES OR TERMINATES, OR BOTH ORIGINATES AND TERMINATES, IN THIS STATE, OR WHEN THE CHARGES FOR SERVICE WOULD HAVE BEEN BILLABLE, IN NORMAL COURSE, A PERSON PROVIDING TELEPHONE OR TELEGRAPH SERVICE IN THIS STATE, BUT FOR THE FACT THAT THE CHARGE FOR SERVICE WAS AVOIDED, OR ATTEMPTED TO BE AVOIDED BY ONE OR MORE OF THE MEANS SET FORTH IN SUBDIVISION (A) IN THIS SECTION. (E) JURISDICTION OF AN OFFENSE UNDER THIS SECTION IS IN THE JURISDICTIONAL TERRITORY WHERE THE TELEPHONE CALL OR TELEGRAM INVOLVED IN THE OFFENSE ORIGINATES OR WHERE IT TERMINATES, OR THE JURISDICTIONAL TERRITORY TO WHICH THE BILL FOR THE SERVICE IS SENT OR WOULD HAVE BEEN SENT BUT FOR THE FACT THAT THE SERVICE WAS OBTAINED OR ATTEMPTED TO BE OBTAINED BY ONE OR MORE OF THE MEANS SET FORTH IN SUBDIVISION (A) OF THIS SECTION. (F) IF THE TOTAL VALUE OF ALL TELEPHONE AND TELEGRAPH SERVICE OBTAINED IN VIOLATION OF THIS SECTION AGGREGATES OVER FOUR HUNDRED DOLLARS ($400) WITHIN ANY PERIOD OF TWELVE (12) CONSECUTIVE MONTHS DURING THE THREE YEARS IMMEDIATELY PRIOR TO THE TIME THE INDICTMENT IS FOUND OR THE CASE IS CERTIFIED TO THE SUPERIOR COURT, OR IF THE DEFENDANT HAS PREVIOUSLY BEEN CONVICED OF AN OFFENSE UNDER THIS SECTION OR OF AN OFFENSE UNDER THE LAWS OF ANOTHER STATE OR OF THE UNITED STATES WHICH WOULD HAVE BEEN AN OFFENSE UNDER THIS SECTION IF COMMITTED IN THIS STATE, A PERSON GUILTY OF SUCH OFFENSE IS PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL NOT EXCEEDING ONE YEAR, OR BY FINE NOT EXCEEDING TEN THOUSAND DOLLARS ($10,000), OR BY BOTH SUCH FINE AND IMPRISONMENT. (G) AN INSTRUMENT, APPARATUS, DEVICE, PLANS, INSTRUCTIONS OR WRITTEN PUBLICATIONS DESCRIBED IN SUBDIVISIONS (B) OR (C) OF THIS SECTION MAY BE SEIZED UNDER WARRANT OR INDCIDENT TO A LAWFUL ARREST, AND, UPON THE CONVICTION OF A PERSON FOR A VIOLATION OF SUBDIVISION (A), (B), OR (C) OF THIS SECTION, SUCH INSTRUMENT, APPARATUS, DEVICE, PLANS, INSTRUCTIONS OR WRITTEN PUBLICATION MAY BE DESTROYED AS CONTRABAND BY THE SHERIFF OF THE COUNTY IN WHICH THE PERSON PROVIDING TELEPHONE OR TELEGRAPH SERVICE IN THE TERRITROY IN WHICH THE SAME WAS SEIZED. -----