H*3600 Session 105 (1983-1984)
H*3600(Rat #0475, Act #0407 of 1984) General Bill, By D. Blackwell,
T.D. Broadwater, T. Ferguson, J.V. Gregory, J.C. Hearn, L.I. Hendricks,
T.L. Hughston, E.M. Middleton and Russell
A Bill to amend Chapter 11 of Title 16, Code of Laws of South Carolina, 1976,
relating to offenses against property, by adding Article 8, the Theft of Cable
Television Service Act and to provide a penalty for violations.
03/01/84 House Introduced and read first time HJ-1200
03/01/84 House Referred to Committee on Judiciary HJ-1200
04/19/84 House Committee report: Favorable with amendment
Judiciary HJ-2512
04/25/84 House Objection by Rep. Woods, Holt, Sturkie, J.
Bradley, Washington & Gilbert HJ-2618
04/26/84 House Objection withdrawn by Rep. J. Bradley, Sturkie &
Wood HJ-2662
05/01/84 House Objection withdrawn by Rep. Holt & Washington HJ-2781
05/01/84 House Amended HJ-2783
05/01/84 House Read second time HJ-2786
05/02/84 House Read third time and sent to Senate HJ-2803
05/03/84 Senate Introduced and read first time SJ-1669
05/03/84 Senate Referred to Committee on Judiciary SJ-1669
05/09/84 Senate Committee report: Favorable Judiciary SJ-1731
05/15/84 Senate Read second time SJ-1822
05/17/84 Senate Read third time and enrolled SJ-1853
05/22/84 Ratified R 475
05/23/84 Signed By Governor
05/23/84 Effective date 05/23/84
05/23/84 Act No. 407
06/07/84 Copies available
(A407, R475, H3600)
AN ACT TO AMEND CHAPTER 11 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO OFFENSES AGAINST PROPERTY, BY ADDING ARTICLE 8, THE THEFT OF CABLE
TELEVISION SERVICE ACT AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Theft of Cable Television Service Act
SECTION 1. Chapter 11 of Title 16 of the 1976 Code is amended by adding:
"Article 8
Theft of Cable Television Service
Section 16-11-810. This article may be cited as the Theft of Cable Television
Service Act.
Section 16-11-815. As used in this article, 'cable television service' includes
(1) services provided by or through the facilities of any cable television system
or closed circuit coaxial cable communication system, and (2) any transmission
service used in connection with any cable television system or similar closed
circuit coaxial cable communication system.
Section 16-11-820. It is unlawful for any person knowingly to obtain or use
cable television service without the authorization of, or payment to, the
operator of the service. The existence of any connection, wire, conductor, or
other device whatsoever, between facilities of a cable television system or
closed circuit coaxial cable communication system and the premises occupied by
the person which makes possible the use of cable television service by any person
without that use being specifically authorized by, or compensation paid to, the
operator of cable television service creates a rebuttable presumption that the
occupant of the premises has violated this section, but the presumption does not
relieve the State from the burden of proving every element of the offense. If
any person shall pay the amount charged for service provided by the operator of
the cable television system, whether or not the amount billed is in conformity
with the established charges for the service, the person shall not be guilty of
any offense hereunder by reason of the use of the service.
Section 16-11-825. It is unlawful for any person to make or use a connection not
authorized by the operator of a cable television service, whether physical,
electrical, mechanical, electronic, induction, or otherwise, or to attach any
unauthorized device, or permit the attachment of any unauthorized connection or
device to any cable, wire, or other component of a cable television system or
service or to a television set connected into the system or service, for the
purpose of permitting the reception and viewing of signals which are intended to
be received and viewed only upon payment to the operator of the cable television
system of the lawful charge therefor.
Section 16-11-830. It is unlawful for any person to assist, instruct, aid or
abet, or attempt to assist, instruct, aid or abet any other person in obtaining
any cable television service without payment of the lawful charge therefor.
Section 16-11-835. It is unlawful for any person, firm, or corporation to
advertise, promote the sale of, sell, rent, install, or use any instrument,
apparatus, equipment, or device, or plans or instructions for making or
assembling the same, designed or adapted to avoid the lawful charge for any cable
television service.
Section 16-11-840. It is unlawful for any person, without the express
authorization of a franchised or other duly licensed cable television system,
knowingly and wilfully to manufacture, import into this State, distribute, sell,
offer to sell, possess for sale, advertise for sale, or install any device, or
any plan or kit for a device or for a printed circuit, designed in whole or in
part to decode, descramble, or otherwise make intelligible any encoded,
scrambled, or other nonstandard signal carried by that cable television system.
For the purposes of this section, 'encoded, scrambled, or other nonstandard
signal' includes, but is not limited to, any type of signal not intended to
produce an intelligible program or service without the aid of a decoder,
descrambler, filter, trap, or similar device.
Section 16-11-845. It is unlawful for any person (a) to use a converter or
similar device for the reception of intelligible signals without the
authorization of the operator of the cable television system, (b) to sell a
converter or similar device to any other person with knowledge that the person
intends to use it for the reception of intelligible signals without the
authorization of the operator of the cable television system or, (c) to install
a converter or similar device for any other person with knowledge that the person
intends to use it for the reception of intelligible signals without the
authorization of the operator of the cable television system. This section does
not prohibit the manufacture, distribution, or sale of any television receiver
in which a converter has been incorporated by the manufacturer.
Section 16-11-850. Nothing in this article makes it unlawful to receive or
capture signals from the air by use of a satellite dish, antenna, or otherwise.
Section 16-11-855. Any person who violates any section of this article is guilty
of a misdemeanor and upon conviction for a first offense must be fined not more
than two hundred dollars or imprisoned for not more than thirty days and for a
second and subsequent offense fined not more than one thousand dollars or
imprisoned for not more than one year, or both."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor. |