Vermont Statutes Title 13. Crimes and Criminal Procedure, § 2021. Telecommunications fraud and facilitation of telecommunications fraud

(1) “Telecommunications device” means any type of instrument, device, machine, or equipment that is capable of transmitting or receiving interactive two-way electromagnetic communication, including voice, image, data, and information, or any part of such instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component that is capable of facilitating the transmission or reception of any interactive two-way electromagnetic communication.

(2) “Telecommunications service” shall be the service provided by a telecommunications service provider as defined in subdivision (3) of this section.

(3) “Telecommunications service provider” means a person providing telecommunications service, companies operating a cable television system as defined in 30 V.S.A. § 501(2), and companies operating a satellite system.

(4) “Unlawful telecommunications device” means a telecommunications device, identification code, or computer code that, alone or in conjunction with any other item, is used or is intended to be used to commit telecommunications fraud or facilitation of telecommunications fraud.

(5) “Traffic” means to sell, buy, receive, distribute, exchange, offer, advertise, transfer, or dispose of an unlawful telecommunications device, related equipment, or plans or instructions for manufacturing or using such devices.

(6) “Electronic serial number reader” means a device that is capable of acquiring or facilitating the acquisition of an electronic serial number, mobile identification number, personal identification number, or any code or encoded or encrypted transmission useful in originating, facilitating, or transmitting telecommunications service without the consent of the telecommunications service provider.

(1) charging telecommunications service to an existing telephone number, calling or credit card number, account number, or other identifying subscriber number; or

(2) charging telecommunications service to a false, inactive, counterfeit, or stolen telephone number, calling or credit card number, account number, or other identifying subscriber number; or

(3) obtaining telecommunications service using a false, altered, or stolen identification; or

(4) obtaining or attempting to obtain telecommunications service by the use of an unlawful telecommunications device.

(1) if the benefit has a value of less than $500.00, be imprisoned not more than two years or fined not more than $5,000.00, or both; or

(2) if the benefit is $500.00 or more in value, be imprisoned not more than five years or fined not more than $10,000.00, or both.

(1) possesses with intent to defraud, manufactures, or traffics in an unlawful telecommunications device or modifies, programs, or reprograms a telecommunications device designed, adapted, or that can be used:

(2) manufactures or traffics in:

(1) for a first offense, be imprisoned for not more than two years or fined not more than $5,000.00, or both; or

(2) for a second or subsequent offense, be imprisoned not more than five years or fined not more than $20,000.00, or both.