CHAPTER 216

AN ACT TO AMEND CHAPTER 3, TITLE 11, DELAWARE CODE, PROHIBITING THE MAKING, POSSESSING OR TRANSFERRING OF A DEVICE DESIGNED FOR UNLAWFUL TAKING OR APPROPRIATING OF TELECOMMUNICATIONS SERVICE OR OTHER PURPOSES, AND AUTHORIZING SEIZURE AND DESTRUCTION OR DISPOSAL THEREOF.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House thereof concurring therein):

Section 1. Chapter 3, Title 11, Delaware Code, is amended by adding a new Section 559 to read as follows:

§ 559. Making, possessing or transferring a device designed for unlawful taking or appropriating of telecommunications service or other purposes; seizure and destruction or disposal

(a) Any person who:

(1) makes or possesses any instrument, apparatus, equipment, or device designed, adapted or which can be used

(a) for the commission of an unlawful taking or unlawful appropriating of telecommunications service; or

(b) to conceal or to assist another to conceal from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication; or

(2) sells, gives or otherwise transfers to another, or offers or advertises for sale any instrument, apparatus, equipment, or device described in (1) above, or plans or instructions for making or assembling the same;

same to be used or employed for a purpose described in (1) (a) or (1) (b) above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such instrument, apparatus, equipment, or device, shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not exceeding $500 or to imprisonment not exceeding 3 years, or both.

(b) Any instrument, apparatus, equipment, or device, or plans or instructions described in this section may be seized under warrant, by consent, or incident to a lawful arrest, and upon the conviction of any person for a violation of this section or of section 558 of this title, such instrument, apparatus, equipment, device, plans or instructions may be destroyed as ordered by the Court or may be disposed of by the Court pursuant to Section 2311 of this Title.

Approved December 14, 1965.