Oklahoma uses a number of common law terms to describe certain types of theft. Larceny is one of these terms. Larceny is defined as the taking of another person’s personal property by fraud or stealth, with the intent to deprive the owner of the property. Okla. Stat. tit. 21 § 1701. Larceny involves fraud or stealth and is a type of theft. In Oklahoma, larceny can be either grand (big) or petit (small). Theft of cable television is a crime in Oklahoma and could lead to a misdemeanor charge.
In Oklahoma, grand larceny is taking property worth $1000 or more, or the taking of firearms worth any amount of money, or the taking of other property directly from the person of another regardless of its value. All other larceny is petit larceny. Okla. Stat. tit. 21 § 1704. OUJI-CR 5-93
Theft of Cable TV is a Type of Larceny
We may think of the theft of cable TV as a victimless crime, but it is against the law to steal cable in Oklahoma. It is illegal to knowingly:
- obtain or attempt to obtain another’s cable, information, or telecommunications service including cable television, telephony, internet, and any other type of data transmission service by any means, deceit, or trick without paying for the service.
- assist or instruct another in obtaining or attempting to obtain cable, information, or telecommunications service including cable television, telephony, internet, and any type of data transmission service without payment to the operator.
- tamper or otherwise interfere with or connect to by any means to any cables, wires, or other devices used for the distribution of cable, information, or telecommunications service of any type without the permission of the operator of the service. or
- manufacture, import into the state, distribute, advertise, sell, offer, possess for sale, rental, or use, any plan, tool, devise, or kit designed in whole or in part to facilitate the illegal hacking or use of any such service without payment or permission. Okla. Stat. tit. 21 § 1737
This law can apply in a number of situations – for example: hacking into a pay-per-view channel, cable boxes or line, hacking into an internet provider, or a streaming provider’s system. Intercepting or receiving internet or cable television services without permission or payment is forbidden.
The crime is a misdemeanor and is punishable by 6 months in jail, a fine up to $1000, or both, a fine and jail time. Anytime you are facing the possibility of jail time is a good time to seek the help of an experienced Okmulgee misdemeanor defense attorney.
A Civil Action is Also Possible
Being caught with any cable system (connection, wire, conductor, or any device whatsoever) used in this type of theft, whether on a person’s property or on their person without making payment or getting permission from the service operator is against the law. This is true whether a person is caught with one such device or many. It is enough that a person caught with these devices in quantities or volumes suggesting possession for financial gain (resale) to be charged with violation of the statute.
Theft of service is punishable by payment to the service operator of the greater of:
- $2,500.00; or
- three times the amount of any actual damages and attorney’s fees. Okla. Stat. tit. 21 § 1737
Finally, Oklahoma law allows that any service provider or cable operator may bring an action to prevent any person or persons from violating this law. The law allows the service provider to seek civil damages. This means that a person caught violating this law could face both criminal penalties and a civil lawsuit. Treble damages and attorney fees make the civil portion of this quite expensive. Get the help you need and remember to never speak to the police without having your attorney present. Everything that you say and do matters in a criminal proceeding.
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