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                                  ENGROSSED SUBSTITUTE HOUSE BILL NO. 550

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State of Washington                              49th Legislature                              1985 Regular Session

 

By House Committee on Judiciary (originally sponsored by Representatives P. King, D. Nelson, Isaacson, Armstrong, Addison, Lewis, Fisch, Barrett, Niemi, Zellinsky, Taylor, C. Smith, Hastings, Sanders and Long)

 

 

Read first time 3/8/85 and passed to Committee on Rules.

 

 


AN ACT Relating to the theft of cable television services; adding new sections to chapter 9A.56 RCW; repealing RCW 9.45.250; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 9A.56 RCW to read as follows:

          (1) A person is guilty of theft of cable television services if:

          (a) With intent to avoid payment of the lawful charge for any service of a cable antenna television system, he or she:

          (i) Tampers or makes connection with the equipment of the supplier, whether by mechanical, electrical, acoustical, or other means; or

          (ii) Knowingly misrepresents a material fact; or

          (iii) Uses any other artifice, trick, deception, code, or other device; and

          (b) He or she wrongfully obtains cable television services for himself or herself or another.

          (2) For the purposes of this section, the device described in subsection (1)(a)(iii) of this section does not include any nondecoding and nondescrambling channel frequency converter or any television receiver type accepted by the Federal Communications Commission or earth station television receivers which receive a television signal or television signals solely from nonland based sources.

          (3) Proof that a person tampered with equipment of the supplier without the consent of the supplier creates a presumption that the person acted with intent to avoid payment of the lawful charge for any service of a cable antenna television system.

          (4) Theft of cable television services is a gross misdemeanor.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 9A.56 RCW to read as follows:

          (1) A person is guilty of unlawful sale of cable television services if, with intent to avoid payment of the lawful charge for any service of a cable antenna television system, he or she offers for sale or otherwise makes available any telecommunications decoder or descrambler that defeats a mechanism of electronic signal encryption, or that restricts delivery of individually addressed switching imposed by the cable antenna television service provider.  For purposes of this act, an earth station television receiver with the capability to descramble satellite sent television signals shall not be considered to be a telecommunications decoder or descrambler that defeats a mechanism of electronic signal encryption provided that the earth station television receiver receives its signals solely from nonland based sources.

          (2) Proof that a person offered for sale on a commercial basis any telecommunications decoder or descrambler described in subsection (1) of this section creates a presumption that the person acted with intent to avoid payment of the lawful charge for any service of a cable antenna television system, regardless of disclaimers to the contrary.

          (3) For the purposes of this section, the telecommunications decoder or descrambler described in subsection (1) of this section does not include any nondedcoding  and nondescrambling channel frequency converter or any television receiver type accepted by the Federal Communications Commission.

          (4) Unlawful sale of cable television services is a gross misdemeanor.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 9A.56 RCW to read as follows:

          Upon conviction of theft of cable television services, the court shall order the seizure of any decoder, descrambler, or other device the use of which is prohibited under section 1 of this act as contraband and dispose of it at the court's discretion.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 9A.56 RCW to read as follows:

          (1) In addition to the criminal penalties provided in sections 1 and 2 of this act, there is created a civil cause of action for theft of cable television services and for unlawful sale of cable television services.

          (2) The court may direct the recovery of full costs, including awarding reasonable attorneys' fees, to the party who prevails.

          (3) Damages awarded by any court under this section shall be computed in accordance with the following:

          The party aggrieved may recover the actual damages suffered by him as a result of the violation and any profits of the violator that are attributable to the violation that are not taken into account in computing the actual damages.  In determining the violator's profits, the party aggrieved shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation.

          (4) The superior court may grant temporary and final injunctions on such terms as it deems reasonable to prevent or restrain violations of sections 1 and 2 of this act.

          (5) Presumptions of intent to avoid payment of the lawful charge for any service of a cable antenna system under sections 1 and 2 of this act apply in civil actions brought under this section.

 

          NEW SECTION.  Sec. 5.  Section 1, chapter 94, Laws of 1973 1st ex. sess. and RCW 9.45.250 are each repealed.

         

 

          NEW SECTION.  Sec. 6.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.