Loading...
Minnesota Criminal Justice Statute Service
Search
Subscribe to Updates
Reports
Statute Change Report
About
Glossary
Quick Search
609.894
Statute ID:
3370
Statute Function ID:
19587
Cellular Telephone Counterfeiting-Crimes Defined
In Effect
New Search
Refine Search
Back to Results
Function Details
History
Text
Details are only available for Penalty and Charging Statutes.
Statute Number:
609.894
Enactment Date:
Jan 1, 1859
Effective Date:
Aug 1, 1996
Expiration Date:
Repealed?:
No
Summary Text:
Cellular Telephone Counterfeiting-Crimes Defined
Statute ID:
3370
Created:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Last Update Action:
System
Legal Analyst Comment:
Summary Text:
Cellular Telephone Counterfeiting-Crimes Defined
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/894.html
Legislative Session:
2005 - NA
Session Law Text?:
No
Statute text last updated on:
Sep 1, 2006
Subdivision 1. The definitions in this subdivision apply to this section. (a) "Cellular telephone" means a radio telecommunications device that may be used to obtain access to the public and cellular switch telephone networks and that is programmed by the manufacturer with an electronic serial number. (b) "Cellular telephone service" means all services and cellular telephone equipment and capabilities available from a provider to an end user for a fee. (c) "Cloned cellular telephone" or "counterfeit cellular telephone" means a cellular telephone, the electronic serial number of which has been altered by someone other than the manufacturer. (d) "Telephone cloning paraphernalia" means materials that, when possessed in combination, are capable of creating a cloned cellular telephone. Telephone cloning paraphernalia includes, but is not limited to: (1) scanners to intercept electronic serial numbers and mobile identification numbers; (2) cellular telephones; (3) cables; (4) EPROM chips; (5) EPROM burners; (6) software for programming the cellular telephone with a false electronic serial number, mobile identification number, other identifiable data, or a combination of those items; (7) computers containing software described in clause (6); and (8) lists of electronic serial number and mobile identification number combinations. (e) "Electronic serial number" means a unique number that is programmed into a cellular telephone by the manufacturer, transmitted by the cellular telephone, and used by cellular telephone providers to validate radio transmissions to the system as having been made by an authorized device. (f) "End user" is a person who pays a fee to subscribe to cellular telephone service from a provider or a person receiving a call from or sending a call to the person paying or subscribing for cellular telephone service. (g) "Intercept" means to electronically capture, record, reveal, or otherwise access the signals emitted or received during the operation of a cellular telephone by any instrument, device, or equipment without the consent of the sender or receiver. (h) "Mobile identification number" means the cellular telephone number assigned to the cellular telephone by the cellular telephone provider. (i) "Provider" means a licensed seller of cellular telephone service or a reselling agent authorized by a licensed seller. Subd. 2. (a) A person commits the crime of cellular counterfeiting in the third degree if the person knowingly possesses a cloned cellular telephone and knows that the telephone is unlawfully cloned. (b) Cellular counterfeiting in the third degree is a gross misdemeanor. Subd. 3. (a) A person commits the crime of cellular counterfeiting in the second degree if the person knowingly possesses, and knows the unlawful nature of using, any telephone cloning paraphernalia or any instrument capable of intercepting or manipulating electronic serial numbers, mobile identification numbers, other identifiable data, or a combination of those items. (b) A person who violates paragraph (a) may be sentenced to imprisonment for not more than three years and may be fined up to $7,000, or both. Subd. 4. (a) A person commits the crime of cellular counterfeiting in the first degree if the person knowingly possesses or distributes, and knows the unlawful nature of using, any telephone cloning paraphernalia or any instrument capable of intercepting or manipulating electronic serial numbers, mobile identification numbers, other identifiable data, or a combination of those items, and agrees with, encourages, solicits, or permits one or more other persons to engage in or cause, or obtain cellular telephone service through, cellular counterfeiting. (b) A person who violates paragraph (a) may be sentenced to imprisonment for not more than five years and may be fined up to $10,000, or both.
