638:5-a Fraudulent Communications Paraphernalia. –
I. As used in this section, "fraudulent communications paraphernalia" means any device used or intended for use in obtaining any toll telecommunication or cable television service from a company providing either service by rearranging, tampering with, or making any unauthorized connection to any telephone or cable television instrument, equipment or facility of such company in order to avoid the payment, in whole or in part, of the lawful charge for such communication service or to conceal from any such company or any lawful authority, the existence or place of origin or termination of any such service.
II. Any person who wilfully creates, offers, or transfers to another any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a class B felony.
III. Any person who wilfully possesses any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a misdemeanor.
IV. Any person who communicates or causes to be communicated the number or code of an existing, canceled, revoked, expired, or nonexistent credit card issued by a company providing telecommunication services or the numbering or coding system which is employed in the issuance of such credit cards, or any method, scheme, instruction or information on how to fraudulently avoid payment for telecommunication services, with the intent that such number or coding system or information be used to fraudulently avoid the payment of any lawful charges imposed by such company, shall be guilty of a misdemeanor.
V. Any fraudulent communications paraphernalia prohibited under this section may be seized under warrant or incident to a lawful arrest, and, upon conviction of a person for violation of this section, such paraphernalia may be destroyed as contraband by such officers, agents or other persons as shall be designated for that purpose by the attorney general.