Larceny of Cable Television Services - Tulsa Trial Attorneys
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First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting;
IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,
YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,
EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,
DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.
Larceny of Cable Television Services (Punishment)
A. Any person who:
1. Shall knowingly obtain or attempt to obtain cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service from another by means, artifice, trick, deception, or device without the payment to the operator of said service of all lawful compensation for each type of service obtained; or
2. Shall knowingly assist or instruct any other person in obtaining or attempting to obtain cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without the payment to the operator of all lawful compensations; or
3. Shall knowingly tamper or otherwise interfere with or connect to by any means, whether mechanical, electrical, acoustical, or other means, any cables, wires, or other devices used for the distribution of cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without authority from the operator of said service; or
4. Shall knowingly manufacture, import into this state, distribute, sell, offer for sale, rental, or use, possess for sale, rental, or use, or advertise for sale, rental, or use any device of any description, or any plan, or kit for a device, designed in whole or in part to facilitate the doing of any of the acts specified in paragraphs 1, 2 and 3 of this subsection;
shall be guilty, upon conviction, of the misdemeanor of larceny of cable television, cable, information, or telecommunications service or tampering with cable television, cable, information, or telecommunications service, which offenses are punishable by imprisonment in the county jail for a maximum of six (6) months or by a maximum fine of One Thousand Dollars ($1,000.00), or both said fine and imprisonment.
B. In any prosecution as set forth in subsection A of this section, the existence on the property and in the actual possession of the accused, of (1) any connection, wire, conductor, or any device whatsoever, which is connected in such a manner as would appear to permit the use of cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without the same being reported for payment to and specifically authorized by the operator of the cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service or (2) the existence on the property and in the actual possession of the accused, in quantities or volumes suggesting possession for resale, of any device designed in whole or in part to facilitate the performance of any of the illegal acts mentioned in subsection A of this section shall be prima facie evidence of intent to violate and of the violation of the provisions of subsection A of this section by the accused.
C. Any person who violates the provisions of this section shall be liable to the franchised or otherwise duly licensed cable television system, information service provider, or other telecommunications service or equipment provider for the greater of the following amounts:
1. Two Thousand Five Hundred Dollars ($2,500.00); or
2. Three times the amount of actual damages, if any, sustained by the plaintiff, plus reasonable attorneys fees.
D. Any franchised or otherwise duly licensed cable television system, information service provider, or other telecommunications service or equipment provider may bring an action to enjoin and restrain any violation of the provisions of this section or an action of conversion, or both, and may in the same action seek damages as provided for in subsection C of this section.
E. It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages.
F. The provisions of this section shall not be construed or otherwise interpreted to prohibit an individual from owning or operating a device commonly known as a "satellite receiving dish" for the purpose of receiving and utilizing satellite-relayed television signals for his own use. 21 O.S. 1737
Larceny - Definition
Larceny is the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof. 21 O.S. 1701
Grand Larceny - Definition
Grand larceny is larceny committed in either of the following cases:
1. When the property taken is of a value of One Thousand Dollars ($1,000.00) or greater; or
2. When such property, although not of a value of One Thousand Dollars ($1,000.00) or greater, is taken from the person of another. 21 O.S. 1704
Grand Larceny - Elements
No person may be convicted of grand larceny unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1), taking;
(2) carrying away;
(3) personal property;
(4) of another;
(5) (valued at more than $500) / (from the person of another);
(6) by fraud/stealth;
(7) with the intent to deprive permanently. OUJI-CR 5-93
Grand Larceny - Punishment
Grand larceny is a felony punishable as follows:
1. If the value of the property is less than One Thousand Dollars ($1,000.00), the person shall be punished by imprisonment in the county jail for a maximum term of one (1) year or by incarceration in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, or by a maximum fine of one Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the property is one or more firearms, the property is taken from the person of another, or the value of the property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of two (2) years or in the county jail for a maximum term of one (1) year, or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. In the event the value of the property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of five (5) years or in the county jail for a maximum term of one (1) year, or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or
4. If the value of the property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of eight (8) years, or by a maximum fine of one Thousand Dollars ($1,000.00), or by both such imprisonment and fine. 21 O.S. 1705
Petit Larceny - Definition & Punishment
Petit larceny is theft of another’s property in which the value is below the grand larceny limit.
Petit larceny shall be punishable by a minimum fine of Ten Dollars ($10.00) or a maximum of Five Hundred Dollars ($500.00), or imprisonment in the county jail not to six (6) months, or by both such fine and imprisonment, at the discretion of the court. 21 O.S. 1706
Petit Larceny - Elements
No person may be convicted of petit larceny unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) taking;
(2) carrying away;
(3) personal property;
(4) of another;
(5) of value;
(6) by fraud/stealth;
(7) with the intent to deprive permanently. OUJI-CR 5-94
More Larceny Charges and Issues to Know
Theft of Aircraft, Automobile Driven Vehicle, or Construction or Farm Equipment
Larceny of Cable Television Services
Seizure and Forfeiture of Vehicles, Airplanes, and Other Property Used in Crime
Larceny of Cable Television Services Litigation Expertise
Criminal defense charges in Oklahoma require an aggressive defense. No matter the charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face. When defending criminal charges, it is necessary to obtain representation quickly. Many times the best outcome is formulated and negotiated early in the process. The longer you wait to hire a criminal defense attorney the greater the stress and the greater the advantage to the prosecution.