Section 570.190

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 570

Effective - 28 Sep 1977, 2 histories, see footnote   (history) 

  *570.190.  Until December 31, 2016 — Telephone service fraud. — 1.  A person commits the crime of telephone service fraud if the person by deceit obtains or attempts to obtain telephone service without paying the lawful charge, except that it shall not be unlawful for a person to purchase, rent or use telephones or telephone receiving equipment acquired from a lawful source, other than the telephone utility certified to serve the area in which such person resides.

  2.  A person commits the crime of electronic telephone fraud if the person knowingly

  (1)  Uses, in connection with the making or receiving of a telephone call; or

  (2)  Has possession of; or

  (3)  Transfers possession or causes the transfer of possession to another; or

  (4)  Makes or assembles;

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an electronic or mechanical device which, when used in connection with a telephone call, will cause the billing system of a telephone company to record incorrectly, or omit to record correctly, any fact by which the person responsible for paying the charge for a telephone call is determined.

  3.  Venue for trial shall be as follows:

  (1)  An offense under subsection 1 and subdivision (1) of subsection 2 which involves the placing of telephone calls may be deemed to have been committed at either the place at which the telephone calls were made, or at the place where the telephone calls were received.

  (2)  An offense under subdivisions (2), (3) and (4) of subsection 2 may be deemed to have been committed where the device was found, or at the place where the device was transferred or fabricated.

  4.  (1)  An offense under subsection 1 shall be punished by a fine not to exceed five hundred dollars or by confinement in jail for not more than six months, or both; except that if the telephone charges avoided or attempted to be avoided pursuant to one scheme or course of conduct exceed fifty dollars, the offense shall be punished by a fine of not more than one thousand dollars, or by confinement in jail for not more than one year, or both.

  (2)  An offense under subdivisions (1) through (5) of subsection 2 shall be punished by a fine of not more than one thousand dollars, confinement in jail for not more than one year, or both; except that if defendant received consideration from another as a consequence of the use, transfer, or fabrication of the device, the offense shall be punished as provided in subdivision (3) of subsection 4.

  (3)  If the defendant has been convicted previously of an offense under this section or of an offense under the laws of another state of the United States which would have been an offense under this section if committed in this state, then the offense shall be punished by a fine of not more than five thousand dollars or by imprisonment by the department of corrections and human resources for not less than two nor more than five years, or both.

  5.  A search warrant shall be issued by any court of competent jurisdiction upon a finding of probable cause to believe an instrument or device described in subsections 1 and 2 is housed in a particular structure, vehicle or upon the person.

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(L. 1977 S.B. 96 § 1)

*This section was repealed by S.B. 491, 2014, effective 1-01-17.  Due to the delayed repeal date, the version of this section in effect until 12-31-16 is printed here.