Group 42-Sells Out! - The Information Archive/Group 42 Sells Out (Group 42) (1996).iso/phreak/pncode.txt

Text File | 1995-11-30 | 6KB | 103 lines

                            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.


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