RSA 638:23 · Criminal Acts Involving Cloned Phones and Telephone Cloning Paraphernalia; Traffic and Manufacture; Exclusions

638:23 Criminal Acts Involving Cloned Phones and Telephone Cloning Paraphernalia; Traffic and Manufacture; Exclusions. – A person is guilty of a class B felony if:

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I.

The person knowingly and with intent to defraud, traffics in or manufactures a cloned wireless telephone; or

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II.

The person knowingly and with the intent to defraud, traffics in one or more unauthorized access devices or defaced access devices; or

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III.

The person knowingly and with intent to defraud, traffics in or manufactures telephone cloning paraphernalia.

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IV.

The provisions of 638:22 and 638:23 do not apply to:

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(a)

Officers, employees, or agents of cellular telephone service providers who engage in conduct prohibited by this section for the purpose of constructing, maintaining, or conducting the radio telecommunication service or for law enforcement purposes pursuant to RSA 570-A;

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(b)

Law enforcement officers and public officials in charge of jails, police premises, sheriff's offices, department of corrections institutions, and other penal or correctional institutions, or any other person under the color of law, who engages in conduct prohibited by this section for the purpose of law enforcement or in the normal course of the officer's or official's employment activities or duties; and

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(c)

Officers, employees, or agents of federal or state agencies that are authorized under RSA 570-A to monitor or intercept cellular telephone service in the normal course of the officer's, employee's, or agent's employment. Source. 1997, 298:30, eff. Jan. 1, 1998.

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