Any natural or [juridical] person shall be guilty of a misdemeanor who:
(a) Manufactures or owns any instrument, apparatus, equipment or device designed, adapted or that may be used to:
(1) Fraudulently avoid a lawful charge for any telecommunication service in violation of § 2163 of this title, or
(2) conceal, or to assist another in concealing from any provider of services of telecommunications or of any legal authority the existence or place of origin or destination of any telecommunication; or who
(b) sells, gives or in any other manner transfers to another or offers or advertises to sell, give or in any other manner transfers, any instrument, apparatus, equipment or device described in subsection (a) of this section, or who plans or instructs the manufacture or assembling of same, under circumstances evidencing the intention of using or employing said instruments, apparatuses, equipment or devices, or allowing that same be used or employed for any purpose as described in clauses (1) and (2) of subsection (a) of this section knowing of the intentions of using the plans and instructions above mentioned for the manufacture or assembling of said instruments, apparatuses, equipment or devices.
The person convicted of the offense defined by this section shall be punished by imprisonment in jail for a term of not less than three (3) months nor more than one year, or by a fine for the sum of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both penalties, in the discretion of the court.
History —May 29, 1968, No. 62, p. 104, § 2.