72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2739
 
                         Senate Bill 655
 
Sponsored by Senator C STARR
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Creates crime of unlawful trafficking in communication or
access devices. Creates graduated schedule of penalties. Punishes
by maximum of 10 years' imprisonment, $200,000 fine, or both.
  Creates civil cause of action for unlawful trafficking in
communication or access devices.
 
                        A BILL FOR AN ACT
Relating to communication services; creating new provisions; and
  amending section 19, chapter 666, Oregon Laws 2001.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1, 2 and 3 of this 2003
Act:
  (1) 'Access device' means anything that is intended to be used
to facilitate the interception, transmission, retransmission,
acquisition, decryption or receipt of a communication service.
  (2) 'Communication device' means:
  (a) Anything that is capable of intercepting, transmitting,
retransmitting, acquiring, decrypting or receiving any
communication service;
  (b) A component or accessory of a thing described in paragraph
(a) of this subsection that is capable of facilitating the
interception, transmission, retransmission, acquisition,
decryption or receipt of a communication service; and
  (c) An electronic serial number, a mobile identification number
or a personal identification number that is capable of acquiring,
or facilitating the acquisition of, a communication service.
  (3) 'Communication service' means any service that is available
only for compensation to facilitate the origination,
transmission, emission or receipt of signs, signals, data,
writings, images, sounds or intelligence of any nature by a
telephone, wire, radio, electromagnetic, photoelectronic or
photo-optical system. + }
  SECTION 2.  { + (1) A person commits the crime of unlawful
trafficking in communication or access devices if, for the
purpose of facilitating in any manner the theft or disruption of
communication services, the person knowingly possesses, uses,
manufactures, develops, assembles, modifies, programs,
distributes, transfers, imports, licenses or leases, or offers or
promotes for use, distribution or transfer, any communication or
access device or anything that can be used in the manufacture of
a communication or access device.
  (2)(a) Except as otherwise provided in paragraphs (b) and (c)
of this subsection, unlawful trafficking in communication or
access devices is a Class A misdemeanor.
  (b) Unlawful trafficking in communication or access devices is
a Class C felony if:
  (A) The defendant has one previous conviction under this
section; or
  (B) The offense involved at least 10 but not more than 50
communication or access devices.
  (c) Unlawful trafficking in communication or access devices is
a Class B felony if:
  (A) The defendant has at least two previous convictions under
this section; or
  (B) The offense involved more than 50 communication or access
devices. + }
  SECTION 3.  { + (1) A person may bring a civil action for
damages against a person who violates section 2 of this 2003 Act.
  (2) An action may be brought under this section without
conviction of any person of unlawful trafficking in communication
or access devices under section 2 of this 2003 Act, but the
plaintiff in the action must establish that the crime of unlawful
trafficking in communication or access devices has been committed
by a preponderance of the evidence.
  (3) A person who alleges a violation of section 2 of this 2003
Act may file for injunctive relief in the circuit court of the
county where the alleged violation occurred or is occurring.
  (4) The court shall award the prevailing party in an action
brought under this section reasonable court costs and attorney
fees and all costs.
  (5) An action under this section must be commenced within two
years after the violation giving rise to the cause of action
occurs. + }
  SECTION 4. Section 19, chapter 666, Oregon Laws 2001, as
amended by section 5, chapter 696, Oregon Laws 2001, is amended
to read:
   { +  Sec. 19. + } The crimes to which section 1 (11)(b),
chapter 666, Oregon Laws 2001, applies are:
  (1) Bribe giving, as defined in ORS 162.015.
  (2) Bribe receiving, as defined in ORS 162.025.
  (3) Public investment fraud, as defined in ORS 162.117.
  (4) Bribing a witness, as defined in ORS 162.265.
  (5) Bribe receiving by a witness, as defined in ORS 162.275.
  (6) Simulating legal process, as defined in ORS 162.355.
  (7) Official misconduct in the first degree, as defined in ORS
162.415.
  (8) Custodial interference in the second degree, as defined in
ORS 163.245.
  (9) Custodial interference in the first degree, as defined in
ORS 163.257.
  (10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
  (11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
  (12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
  (13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
  (14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
  (15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
  (16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
  (17) Theft in the second degree, as defined in ORS 164.045.
  (18) Theft in the first degree, as defined in ORS 164.055.
  (19) Aggravated theft in the first degree, as defined in ORS
164.057.
  (20) Theft by extortion, as defined in ORS 164.075.
  (21) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
  (22) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
  (23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
  (24) Unauthorized use of a vehicle, as defined in ORS 164.135.
  (25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
  (26) Laundering a monetary instrument, as defined in ORS
164.170.
  (27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
  (28) Burglary in the second degree, as defined in ORS 164.215.
  (29) Burglary in the first degree, as defined in ORS 164.225.
  (30) Possession of burglar's tools, as defined in ORS 164.235.
  (31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
  (32) Arson in the second degree, as defined in ORS 164.315.
  (33) Arson in the first degree, as defined in ORS 164.325.
  (34) Computer crime, as defined in ORS 164.377.
  (35) Robbery in the third degree, as defined in ORS 164.395.
  (36) Robbery in the second degree, as defined in ORS 164.405.
  (37) Robbery in the first degree, as defined in ORS 164.415.
  (38) Unlawful labeling of a sound recording, as defined in ORS
164.868.
  (39) Unlawful recording of a live performance, as defined in
ORS 164.869.
  (40) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
  (41) A violation of ORS 164.877.
  (42) Endangering aircraft, as defined in ORS 164.885.
  (43) Interference with agricultural operations, as defined in
ORS 164.887.
  (44) Forgery in the second degree, as defined in ORS 165.007.
  (45) Forgery in the first degree, as defined in ORS 165.013.
  (46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
  (47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
  (48) Criminal possession of a forgery device, as defined in ORS
165.032.
  (49) Criminal simulation, as defined in ORS 165.037.
  (50) Fraudulently obtaining a signature, as defined in ORS
165.042.
  (51) Fraudulent use of a credit card, as defined in ORS
165.055.
  (52) Negotiating a bad check, as defined in ORS 165.065.
  (53) Possessing a fraudulent communications device, as defined
in ORS 165.070.
  (54) Unlawful factoring of a credit card transaction, as
defined in ORS 165.074.
  (55) Falsifying business records, as defined in ORS 165.080.
  (56) Sports bribery, as defined in ORS 165.085.
  (57) Sports bribe receiving, as defined in ORS 165.090.
  (58) Misapplication of entrusted property, as defined in ORS
165.095.
  (59) Issuing a false financial statement, as defined in ORS
165.100.
  (60) Obtaining execution of documents by deception, as defined
in ORS 165.102.
  (61) A violation of ORS 165.543.
  (62) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
  (63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
  (64) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
  (65) Identity theft, as defined in ORS 165.800.
  (66) A violation of ORS 166.190.
  (67) Unlawful use of a weapon, as defined in ORS 166.220.
  (68) A violation of ORS 166.240.
  (69) Unlawful possession of a firearm, as defined in ORS
166.250.
  (70) A violation of ORS 166.270.
  (71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
  (72) A violation of ORS 166.275.
  (73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
  (74) A violation of ORS 166.370.
  (75) Unlawful possession of a destructive device, as defined in
ORS 166.382.
  (76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
  (77) Possession of a hoax destructive device, as defined in ORS
166.385.
  (78) A violation of ORS 166.410.
  (79) Providing false information in connection with a transfer
of a handgun, as defined in ORS 166.416.
  (80) Improperly transferring a handgun, as defined in ORS
166.418.
  (81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
  (82) A violation of ORS 166.429.
  (83) A violation of ORS 166.470.
  (84) A violation of ORS 166.480.
  (85) A violation of ORS 166.635.
  (86) A violation of ORS 166.638.
  (87) Unlawful paramilitary activity, as defined in ORS 166.660.
  (88) A violation of ORS 166.720.
  (89) Prostitution, as defined in ORS 167.007.
  (90) Promoting prostitution, as defined in ORS 167.012.
  (91) Compelling prostitution, as defined in ORS 167.017.
  (92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
  (93) Unlawful gambling in the second degree, as defined in ORS
167.122.
  (94) Unlawful gambling in the first degree, as defined in ORS
167.127.
  (95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
  (96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
  (97) Possession of a gambling device, as defined in ORS
167.147.
  (98) Possession of a gray machine, as defined in ORS 167.164.
  (99) Cheating, as defined in ORS 167.167.
  (100) Tampering with drug records, as defined in ORS 167.212.
  (101) A violation of ORS 167.262.
  (102) Research and animal interference, as defined in ORS
167.312.
  (103) Animal abuse in the first degree, as defined in ORS
167.320.
  (104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
 
  (105) Animal neglect in the first degree, as defined in ORS
167.330.
  (106) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
  (107) Involvement in animal fighting, as defined in ORS
167.355.
  (108) Dogfighting, as defined in ORS 167.365.
  (109) Participation in dogfighting, as defined in ORS 167.370.
  (110) Unauthorized use of a livestock animal, as defined in ORS
167.385.
  (111) Interference with livestock production, as defined in ORS
167.388.
  (112) A violation of ORS 167.390.
  (113) A violation of ORS 471.410.
  (114) Failure to report missing precursor substances, as
defined in ORS 475.955.
  (115) Illegally selling drug equipment, as defined in ORS
475.960.
  (116) Providing false information on a precursor substances
report, as defined in ORS 475.965.
  (117) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.991.
  (118) A violation of ORS 475.992, if it is a felony or a Class
A misdemeanor.
  (119) A violation of ORS 475.993, if it is a felony or a Class
A misdemeanor.
  (120) A violation of ORS 475.994.
  (121) A violation of ORS 475.995, if it is a felony or a Class
A misdemeanor.
  (122) A violation of ORS 475.999 (1)(a).
  (123) Misuse of an identification card, as defined in ORS
807.430.
  (124) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
  (125) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
  (126) Using an invalid license, as defined in ORS 807.580.
  (127) Permitting misuse of a license, as defined in ORS
807.590.
  (128) Using another's license, as defined in ORS 807.600.
  (129) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
  (130) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
  (131) Unlawful distribution of cigarettes, as defined in
  { - section 3 of this 2001 Act - }   { + ORS 323.482 + }.
   { +  (132) Unlawful trafficking in communication or access
devices, as defined in section 2 of this 2003 Act. + }
    { - (132) - }  { +  (133) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
 { - (131) - }  { +  (132) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
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