A.R.S. tit. 13 ch. 37 — Arizona Revised Statutes Title 13 Chapter 37 — Miscellaneous Offenses

13-3701. Unlawful use of food stamps; classification; definitions A. A person commits unlawful use of food stamps if the person knowingly: 1. Uses, transfers, acquires, possesses or redeems food stamps by means of a false statement or representation, a material omission or the failure to disclose a change in circumstances or by any other fraudulent device. 2. Counterfeits, alters, uses, transfers, acquires or possesses counterfeited or altered food stamps or electronic benefit transfer cards. 3. Appropriates food stamps with which the person has been entrusted or of which the person has gained possession by virtue of a position as a public employee. 4. Buys, sells, transfers, acquires or redeems food stamps, or eligible food purchased with food stamps, in exchange for cash or consideration other than eligible food. B. Unlawful use of food stamps under subsection A, paragraph 1 is a class 1 misdemeanor if the value of the food stamps is one hundred dollars or less, or a class 6 felony if the value is over one hundred dollars. Unlawful use of food stamps under subsection A, paragraphs 2, 3 and 4 is a class 5 felony. C. For the purposes of this section: 1. "Eligible food" means any of the following: (a) Any food or food product that is intended for human consumption except alcoholic beverages, tobacco and hot foods and hot food products that are prepared for immediate consumption. (b) Seeds and plants to grow foods for the personal consumption of an eligible household. (c) Meals that are prepared and delivered by an authorized meal delivery service to a household that is eligible to use coupons to purchase delivered meals or meals that are served by an authorized communal dining facility for the elderly or for a supplemental security income household, or both, to a household that is eligible to use coupons for communal dining. (d) Meals that are prepared and served by a drug addict or alcoholic treatment and rehabilitation center to narcotic addicts or alcoholics and the children who live with the narcotic addict or alcoholic. (e) Meals that are prepared and served by a group living arrangement facility to residents who are blind or who have a disability. (f) Meals that are prepared and served by a shelter for battered women and children to the shelter's eligible residents. (g) Meals that are prepared for and served by an authorized public or private nonprofit establishment, including a soup kitchen or temporary shelter, that is approved by an appropriate state or local agency and that feeds homeless persons. (h) Meals that are prepared by a restaurant that contracts with an appropriate state agency to serve meals at low or reduced prices to homeless persons and households in which all persons are elderly or disabled. 2. "Food stamps" includes food stamp coupons and electronically transferred supplemental nutrition assistance program benefits. 13-3702. Defacing or damaging petroglyphs, pictographs, caves or caverns; classification A. A person commits defacing or damaging petroglyphs, pictographs, caves or caverns if such person knowingly, without the prior written permission of the owner: 1. Breaks, breaks off, cracks, carves upon, writes or otherwise marks upon or in any manner destroys, mutilates, injures, defaces, removes, displaces, mars or harms petroglyphs, pictographs or any natural material found in any cave or cavern; or 2. Kills, harms or disturbs plant or animal life found in any cave or cavern, except for safety reasons; or 3. Disturbs or alters the natural condition of such petroglyph, pictograph, cave or cavern or takes into a cave or cavern any aerosol or other type of container containing paints, dyes or other coloring agents; or 4. Breaks, forces, tampers with, removes or otherwise disturbs a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern whether or not entrance is gained. B. As used in this section, "natural material" means stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions or other similar crystalline mineral formations found in any cave or cavern. C. Defacing or damaging petroglyphs, pictographs, caves or caverns is a class 2 misdemeanor. 13-3702.01. Excavating certain sites; collecting certain specimens; classification A. A person who knowingly excavates in violation of section 41-841, subsection A without obtaining a permit as required under section 41-842 is guilty of a class 5 felony. A second or subsequent violation under this subsection is a class 3 felony. B. A person who knowingly collects any archaeological specimen in violation of section 41-841, subsection B, is guilty of a class 1 misdemeanor. 13-3703. Abuse of venerated objects; classification A. A person commits abuse of venerated objects by intentionally: 1. Desecrating any public monument, memorial or property of a public park; or 2. In any manner likely to provoke immediate physical retaliation: (a) Exhibiting or displaying, placing or causing to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon a flag or exposing or causing to be exposed to public view a flag upon which there is printed, painted or otherwise produced or to which there is attached, appended or annexed any word, figure, mark, picture, design, drawing or advertisement; or (b) Exposing to public view, manufacturing, selling, offering to sell, giving or having in possession for any purpose any article of merchandise or receptacle for holding or carrying merchandise upon or to which there is printed, painted, placed or attached any flag in order to advertise, call attention to, decorate, mark or distinguish the article or substance; or (c) Casting contempt upon, mutilating, defacing, defiling, burning, trampling or otherwise dishonoring or causing to bring dishonor upon a flag. B. The provisions of this section shall not apply to: 1. Any act permitted by a statute of the United States; or 2. Any act permitted by United States military regulations; or 3. Any act where the United States government has granted permission for the use of such flag; or 4. A newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant, commission of appointment to office, ornament, picture, badge or stationery on which shall be printed, painted or placed such flag and which is disconnected from any advertisement for the purpose of sale, barter or trade. C. For the purposes of this section: 1. "Desecrate" means defacing, damaging, polluting or otherwise doing a physical act in a manner likely to provoke immediate physical retaliation. 2. "Flag" means any emblem, banner or other symbol, of any size, composed of any substance or represented on any substance that evidently purports to be the flag of the United States or of this state. D. Abuse of venerated objects is a class 2 misdemeanor. 13-3704. Adding poison or other harmful substance to food, drink or medicine; classification A. A person commits adding poison or another harmful substance to water, food, drink or medicine if the person intends to harm another human being and the person knowingly: 1. Introduces, adds or mingles any poison, bacterium, virus or chemical compound into any spring, well or reservoir of water to be taken by a human being. 2. Introduces, adds or mingles any poison, bacterium, virus or chemical compound with any water, food, drink, medicine or other product to be taken by a human being or applied to the body. 3. Places a needle, razor blade or any other harmful object or substance in any water, food, drink or medicine to be taken by a human being. B. A violation of this section is a class 6 felony. 13-3705. Unlawful copying or sale of sounds or images from recording devices; true name and address of articles; definitions; classification A. A person commits unlawful copying or sale of sounds or images from recording devices by knowingly: 1. Manufacturing an article without the consent of the owner. 2. Distributing an article with the knowledge that the sounds thereon have been so transferred without the consent of the owner. 3. Distributing or manufacturing an article on which sounds or images have been transferred which does not bear the true name and address of the manufacturer in a prominent place on the outside cover, box, jacket or label. 4. Distributing or manufacturing the outside packaging intended for use with articles which does not bear the true name and address of the manufacturer in a prominent place on the outside cover, box, jacket or label. 5. Transferring or causing to be transferred to an article any performance, whether live before an audience or transmitted by wire or through the air by radio or television without the consent of the owner and with the intent to obtain commercial advantage or personal financial gain. 6. Distributing an article with knowledge that the performance on the article, whether live before an audience or transmitted by wire or through the air by radio or television, has been transferred without the consent of the owner. B. This section shall not apply to any person or persons engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds, other than from the sound track of a motion picture, intended for, or in connection with, broadcast transmission or related uses, including the making of commercials and films, or for archival purposes. C. Subsection A, paragraphs 1 and 2 of this section apply only to recordings first fixed in a phonorecord before February 15, 1972. D. Notwithstanding any other law and in the absence of a written agreement, the performer of a live performance is presumed to own the rights to record the performance. E. The person who maintains custody and control over the business records of the owner is the proper witness regarding the issue of consent. F. On conviction of a violation of this section, the court shall order: 1. The forfeiture and destruction of the articles and outside packaging. 2. The forfeiture pursuant to chapter 39 of this title of any implement, device or equipment used to manufacture or distribute the article or outside packaging. 3. The defendant to make restitution to any owner or lawful producer of a master recording, master disc, master tape, master videotape, master film or other device or article from which sounds or visual images are derived that has suffered injury resulting from the violation, or to the trade association representing the owner or lawful producer. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devices involved in the violation and shall include investigative costs relating to the violation. Proof of the specific wholesale value of each nonconforming device shall not be required. G. In this section, unless the context otherwise requires: 1. "Aggregate wholesale value" means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings corresponding to the nonconforming recorded devices involved in the offense. 2. "Article" means the tangible medium on which sounds or images are recorded including any original phonograph record, disc, compact disc, tape, audio or video cassette, wire, film or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates in whole or in part the original. 3. "Distributing" means the actual, constructive or attempted sale, rental, delivery, possession, transportation, exhibition or advertisement of an article with intent to obtain commercial advantage or personal financial gain or to promote the sale of any goods. 4. "Fixation of sounds" means the master recording from which copies can be made of the series of sounds constituting the sound recording. 5. "Manufacturing" means transferring or causing to be transferred any sounds or images recorded on one article to another article with the intent to distribute the article. 6. "Owner" means the person who owns the original fixation of sounds or images embodied in the master phonograph record, master disc, master compact disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, compact discs, tapes, films or other articles on which sound is or can be recorded, and from which the transferred recorded sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the vending of a live performance. 7. "Phonorecord" means the material object in which sounds other than those accompanying a motion picture or other audiovisual work are fixed by any method now known or later developed, and from which can be perceived, reproduced or otherwise communicated directly or with the aid of a machine or device. Phonorecord includes the material object in which the sound is first fixed. H. Unlawful copying or sale of sounds or images involving one hundred or more articles containing sound recordings or one hundred or more articles containing audiovisual recordings is a class 3 felony. Unlawful copying or sale of sounds or images involving ten or more but less than one hundred articles containing sound recordings or ten or more but less than one hundred articles containing audiovisual recordings is a class 6 felony. Unlawful copying or sale of sounds or images involving less than ten articles containing sound recordings or less than ten articles containing audiovisual recordings is a class 1 misdemeanor. 13-3706. Failure to procure or exhibit a business license; classification A. A person commits failure to procure or exhibit a business license if such person knowingly commences or transacts any business, profession or calling, for which a license is required by any law of this state, without procuring the license prescribed for transacting such business, or who upon demand of a peace officer or magistrate, refuses to exhibit such license. B. Failure to procure or exhibit a business license is a class 2 misdemeanor. 13-3707. Telecommunication fraud; classification; definitions A. A person commits telecommunication fraud if the person does any of the following: 1. With the intent to defraud another of the lawful charge for telecommunication service, obtains or attempts to obtain any telecommunication service by: (a) Charging or attempting to charge the telecommunication service either: (i) To an existing electronic mail address, telephone number or credit card number without the authority of the person to whom issued or the subscriber to or the lawful holder of the address or number. (ii) To a nonexistent, counterfeit, revoked or canceled credit card number. (b) Any method of code calling. (c) Installing, rearranging or tampering with any facility or equipment. (d) The use of any other fraudulent means, method, trick or device. 2. With the intent that the same be used or employed to evade a lawful charge for any telecommunication service, sells, rents, lends, gives or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, the number or code of an existing, canceled, revoked or nonexistent electronic mail address, telephone number or credit card number or the method of numbering or coding that is employed in the issuance of telephone numbers, account identification codes or credit card numbers. 3. Knowingly makes, constructs, manufactures, fabricates, erects, assembles or possesses any software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device, that is designed or adapted or that can be used either: (a) To obtain telecommunication service by fraud in violation of this subsection. (b) 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 in order to obtain telecommunication service by fraud in violation of this subsection. 4. Knowingly sells, rents, lends, gives, or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, any: (a) Software, instrument, apparatus, equipment or device described in paragraph 3 of this subsection. (b) Plans, specifications or instructions for making or assembling any software, instrument, apparatus, equipment or device with the intent to use or employ such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device or to allow any software, instrument, apparatus, equipment or device to be used or employed, for a purpose described in paragraph 3 of this subsection. (c) Plans, specifications or instructions with the intent that the plans, specifications or instructions be used for making or assembling such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device. B. Subsection A, paragraph 3 of this section does not prohibit the use or possession of any software, instrument, apparatus, equipment or device by either of the following: 1. Law enforcement officers who are acting in their official capacity within the scope of their authority and in the line of duty. 2. Employees or agents of communication service providers as defined in section 13-3001 who are acting in their official capacity within the scope of their employment for the purpose of protecting the property or legal rights of the provider. C. This section applies when the telecommunication service originates or terminates or both originates and terminates in this state. D. Telecommunication fraud is a class 3 felony. E. As used in this section: 1. "Credit card number" means the card number appearing on a credit card, telephone calling card or access device as defined in section 13-2001 that is issued to a person by any supplier of telecommunication service and that permits the person to whom the card or access device has been issued to obtain telecommunication service. 2. "Telecommunication service" includes electronic communication services, subscription computer services, telephone and telegraph services and all other services that involve the transmission of information by wire, radio, cellular, wireless transmission or similar means. 13-3708. Sale or transfer of motor vehicle; lien disclosure; classification A. A person shall not knowingly sell or transfer the person's ownership in a motor vehicle without disclosing to the purchaser or transferee that the motor vehicle is subject to a restitution lien pursuant to section 13-806. B. A person who violates this section is guilty of a class 1 misdemeanor. 13-3709. Obtaining cable television and video services fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definition A. Any person who with the intent to defraud another of any part of the lawful charge for services that are provided over or by a licensed cable television system as defined in section 9-505 or a licensed video service network makes any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, or attaches any unauthorized device or devices to any cable, wire, microwave or other component of a licensed cable television system or licensed video service network, to a television set or to any other instrument that is authorized to be attached to a licensed cable television system or licensed video service network is guilty of a class 2 misdemeanor. B. Any person who manufactures, distributes, sells, rents, lends, offers or advertises for sale, rental or use any device that the person intends to be used by another person to obtain services that are provided over or by a licensed cable television system or a licensed video service network without payment of the charge for those services is guilty of a class 6 felony. C. For the purposes of subsection B of this section it is a rebuttable presumption that the person intended that the device would be used by another person to obtain services that are provided over or by a licensed cable television system or a licensed video service network without payment of the charge for those services if, while advertising, selling, renting or lending the device, the person states that the device will enable the person who receives the device to obtain cable television, video or other services without payment of the charge for those services. D. For the purposes of subsection B of this section, it is a separate violation for each individual device that is manufactured, distributed, sold, rented, lent, offered or advertised for sale, rental or use in violation of subsection B of this section. E. A person whose business or property is injured arising out of a violation of this section may bring an action in superior court to recover damages or for an injunction, or both. The successful party to the action may recover reasonable attorney fees. F. For the purposes of this section, "device" includes any component or combination of components capable of converting a scrambled, encrypted or encoded cable television or video service signal to a signal usable on a standard television receiver. 13-3710. Obtaining subscription television services; manufacture, distribution and sale of interception and decoding devices; violation; classification; civil remedy; punitive damages A. A person who for profit does either of the following is guilty of a class 1 misdemeanor: 1. Knowingly attaches or causes to be attached any device or devices to a television set, videotape recorder or other equipment intended to receive television transmissions or incorporates or causes to be incorporated any device into a television set, videotape recorder or other equipment intended to receive television transmissions for the purpose of intercepting or decoding any transmission by a duly licensed over-the-air subscription television service which the person is not authorized by the subscription television service to receive and decode. 2. Manufactures, distributes or sells any device, plan or kit for a device capable of intercepting or decoding transmissions by a duly licensed over-the-air subscription television service, with the intention that such device, plan or kit be used for such intercepting or decoding, unless authorized by the over-the-air subscription television service. B. A person who suffers injury to his business or property arising out of the violation of this section may maintain an action in the superior court for the recovery of damages or for an injunction, or both. The successful party is entitled to recover reasonable attorney fees as fixed by the court. 13-3711. Unlawful commercial use of cigarette machines; civil penalties; forfeiture; classification A. It is unlawful to possess, use or make available for use for commercial purposes a tobacco product rolling vending machine. A tobacco product rolling vending machine located in a nonresidential premises is presumed to be possessed, used or available for use for commercial purposes unless the machine is for sale. This subsection does not apply to: 1. A tobacco product rolling vending machine that is to be used exclusively for the owner's personal consumption or use if the machine is not located on a retail or other business premises. 2. Tobacco product manufacturers who have obtained a current federal manufacturer of tobacco products permit issued by the federal alcohol and tobacco tax and trade bureau to operate as a tobacco product manufacturer. B. The department of revenue is authorized to seize the machine and all related tubes, papers, tobacco products and materials, which shall be forfeited to this state following the process prescribed in section 42-1124. All forfeited tobacco products shall also be destroyed pursuant to section 42-1124 and deemed contraband under section 42-3402. C. A person who knowingly violates this section is guilty of a class 3 misdemeanor and is also subject to the following: 1. The revocation or termination of a license issued pursuant to section 42-3401. 2. A civil penalty not to exceed fifty thousand dollars for each violation. 3. An injunction to restrain a threatened or actual violation of this section. 4. Recovery by this state for the costs of enforcing this section or of any action or proceeding pertaining to a violation of this section, including the costs of investigation and reasonable attorney fees in the trial and appellate courts. Payments shall be deposited into the state general fund. 13-3712. Interruption of or injury to cable television and video systems; classification Any person who, without the consent of the owner, knowingly tampers with, removes or injures any cable, wire, microwave or other component of a licensed cable television system as defined in section 9-505 or licensed video service network or knowingly interrupts the service of the licensed cable television system or licensed video service network without the consent of the owner is guilty of a class 2 misdemeanor. 13-3713. Consideration for referral of patient, client or customer; fraud; violation; classification A. Except for payments from a medical researcher to a physician licensed pursuant to title 32, chapter 13 or 17 in connection with identifying and monitoring patients for a clinical trial regulated by the United States food and drug administration, a person who knowingly offers, delivers, receives or accepts any rebate, refund, commission, preference or other consideration as compensation for referring a patient, client or customer to any individual, pharmacy, laboratory, clinic or health care institution providing medical or health-related services or items pursuant to title 11, chapter 2, article 7 or title 36, chapter 29, other than specifically provided for in accordance with title 11, chapter 2, article 7 or title 36, chapter 29, is guilty of: 1. A class 3 felony if the consideration had a value of one thousand dollars or more. 2. A class 4 felony if the consideration had a value of more than one hundred dollars but less than one thousand dollars. 3. A class 6 felony if the consideration had a value of one hundred dollars or less. B. A person who knowingly presents false information or misrepresents or conceals a material fact on an application for medical or health coverage pursuant to title 36, chapter 29 or section 11-291 or who knowingly fails to notify the county of residence of a change in conditions that, if notification had been made, would have resulted in termination of eligibility or change in eligibility status for medical or health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 6 felony. C. A person who knowingly obtains or attempts to obtain medical or health coverage pursuant to title 36, chapter 29 or section 11-291 by the use of any means of identification not authorized by the Arizona health care cost containment system administration or by the use of any means of identification authorized by the Arizona health care cost containment system administration that has been or would have been fraudulently acquired is guilty of: 1. A class 5 felony if the value of the medical or health coverage or attempted coverage is one thousand dollars or more. 2. A class 6 felony if the value of the medical or health coverage or attempted coverage exceeds one hundred dollars but is less than one thousand dollars. 3. A class 1 misdemeanor if the value of the medical or health coverage or attempted coverage is one hundred dollars or less. D. A person who knowingly counterfeits or alters any means of identification or uses, transfers, acquires or possesses counterfeited or altered identification for the purpose of fraudulently obtaining medical or health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 4 felony. E. A person lawfully entitled to medical or health coverage pursuant to title 36, chapter 29 or section 11-291 who knowingly furnishes, gives or lends that person's means of identification to any person for the purpose of fraudulently obtaining medical or health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 6 felony. F. A person who knowingly aids or abets another person pursuant to section 13-301, 13-302 or 13-303 in the commission of an offense under this section or section 36-2905.04 is guilty of a class 5 felony. G. The county attorney of the county in which the violation occurs and the attorney general have concurrent jurisdiction to prosecute all violations specified in this section. 13-3714. Aggravated or multiple violations of insurance code; classification A person who knowingly performs any act for which the person is required to be licensed under title 20, chapter 2, article 3, 3.1, 3.2, 3.3 or 3.5 to lawfully perform and the person has been previously licensed pursuant to title 20, chapter 2, article 3, 3.1, 3.2, 3.3 or 3.5, but whose license was suspended or revoked at the time of the act or has been convicted of violating any provision of title 20, chapter 2, article 3, 3.1, 3.2, 3.3 or 3.5, and who is not licensed at the time of the act, is guilty of a class 5 felony. 13-3715. Unauthorized manufacture, duplication, use or possession of key to a public building; classification A. A person who knowingly causes to be manufactured or duplicated or who possesses or uses a key to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state without authorization from the person, or his designated representative, in charge of such building or area is guilty of a class 3 misdemeanor. B. A person who manufactures or duplicates a key for himself or another to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state, with knowledge that he or the person requesting the manufacturing or duplication of such key does not have authorization from the person or his designated representative in charge of such building or area, is guilty of a class 3 misdemeanor. 13-3716. Unlawful failure to give notice of conviction of dangerous crime against children or child abuse; classification A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13-705 or child abuse pursuant to section 13-3623, subsection A or subsection B, paragraph 1 to fail to give notice of the fact of the conviction to a business institution or organization when applying for employment or volunteering for service with any business institution or organization that sponsors any activity in which adults supervise children. For the purposes of this subsection, business institutions or organizations include schools, preschools, child care providers and youth organizations. B. A person who violates this section is guilty of a class 5 felony. 13-3717. Unlawful subleasing of motor vehicle; violation; classification; definitions A. A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met: 1. The motor vehicle is subject to a lease contract, retail installment contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement. 2. The person is not a party to the lease contract, retail installment contract or security agreement. 3. The person transfers or assigns, or purports to transfer or assign, any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement to any person who is not a party to the lease contract, retail installment contract or security agreement. 4. The person does not obtain, before the transfer or assignment, written consent to the transfer or assignment from the motor vehicle's lessor, seller or secured party. 5. The person receives compensation or some other consideration for the transfer or assignment. B. A person engages in an act of unlawful subleasing of a motor vehicle if the person is not a party to the lease contract, retail installment contract or security agreement and assists, causes or arranges an actual or purported transfer or assignment. C. The actual or purported transfer or assignment, or the assisting, causing or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract, retail installment contract or security agreement by an individual who is a party to the lease contract, retail installment contract or security agreement is not an act of unlawful subleasing of a motor vehicle and is not subject to prosecution. D. This section does not affect the enforceability of any provision of any lease contract, retail installment contract, security agreement or direct loan agreement by any party to the contract or agreement. E. The penalties under this section are in addition to any other remedies or penalties provided by law for the conduct proscribed by this section. F. A person who violates subsection A of this section is guilty of a class 1 misdemeanor. G. In this section, unless the context otherwise requires: 1. "Buyer" means a person who buys or hires a motor vehicle under a retail installment contract. 2. "Direct loan agreement" means an agreement between a lender and a purchaser by which the lender has advanced monies pursuant to a loan secured by the motor vehicle which the purchaser has purchased. 3. "Lease contract" means a contract for or in contemplation of the lease for the use of a motor vehicle and the purchase of services incidental to the lease by a natural person for a term exceeding four months primarily for personal, family, household, business or commercial purposes, whether or not it is agreed that the lessee bears the risk of the motor vehicle's depreciation. 4. "Lessee" includes a bailee and means a natural person who leases, offers to lease or is offered the lease of a motor vehicle under a lease contract. 5. "Lessor" includes a bailor and means a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract. 6. "Motor vehicle" means a motor vehicle which is required to be registered under title 28, chapter 7 and which has a gross weight, as defined in section 28-5431, of ten thousand pounds or less. 7. "Purchaser" has the same meaning prescribed in section 47-1201. 8. "Retail installment contract" has the same meaning prescribed in section 44-281 and includes the sale of a motor vehicle between a buyer and a seller primarily for business or commercial purposes. 9. "Secured party" has the same meaning prescribed in section 47-9102. 10. "Security agreement" has the same meaning prescribed in section 47-9102. 11. "Security interest" has the same meaning prescribed in section 47-1201. 12. "Seller" means a person engaged in the business of selling or leasing motor vehicles under a retail installment contract. 13-3718. Sale of ticket in excess of regular price; classification; definition A. It is unlawful for any person to sell or offer to sell a ticket of admission to an event, which ticket was purchased for the purpose of resale, for a price in excess of the price as printed on the face of the ticket, plus lawful taxes and any other charge or assessment which is required to be paid in order to purchase the ticket from the original vendor, while being within two hundred feet of an entry to the stadium, arena, theater or other place where an event is being held, or of the entry to a contiguous parking area. B. It is unlawful for any person to change the price printed on the face of the ticket without the written permission of the original vendor of the ticket. C. Any person who violates this section is guilty of a petty offense. D. For purposes of this section, "event" shall mean a theatrical production, concert, sporting event or other entertainment event. 13-3719. Obtaining wireless telecommunications services or wireless telecommunications devices fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definitions A. A person who with the intent to defraud another person of any part of the lawful charge for services that are provided over or by a wireless telecommunications service or wireless telecommunications device, who makes any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, or who attaches any unauthorized device or devices to any cable, wire, microwave or other component of a wireless telecommunications service or wireless telecommunications device, or to any other instrument that is authorized to be attached to a wireless telecommunications service or wireless telecommunications device is guilty of a class 2 misdemeanor. B. A person who manufactures, distributes, sells, rents, lends, offers or advertises for sale, rental or use any device that the person intends to be used by another person to obtain services that are provided over or by a wireless telecommunications service or wireless telecommunications device without payment of the charge for those services is guilty of a class 6 felony. C. For the purposes of subsection B it is a rebuttable presumption that the person intended that the device would be used by another person to obtain services that are provided over or by a wireless telecommunications service or wireless telecommunications device without payment of the charge for those services if, while advertising, selling, renting or lending the device, the person states that the device will enable the person who receives the device to obtain wireless telecommunications services or wireless telecommunications devices without payment of the charge for those services. D. For the purposes of subsection B, it is a separate violation for each individual device that is manufactured, distributed, sold, rented, lent, offered or advertised for sale, rental or use in violation of subsection B. E. A person whose business or property is injured arising out of a violation of this section may bring an action in superior court to recover damages or for an injunction, or both. The successful party to the action may recover reasonable attorney fees. F. For the purposes of this section: 1. "Wireless telecommunications device" means an instrument, device, machine or equipment that is capable of transmitting or receiving telephonic, electronic or radio communications or any part of an instrument, device, machine or equipment. Wireless telecommunications device includes computer circuits, computer chips, electronic mechanisms or other components that are capable of facilitating the transmission or reception of telephonic, electronic or radio communications. 2. "Wireless telecommunications service" includes any service that is provided for a charge or compensation to facilitate the origination, transmission, emission or reception of signs, signals, data, writings, images and sounds or intelligence of any nature by wireless telephone equipment, including cellular telephone, wire, radio electromagnetic, photoelectronic or photo-optical system. 13-3720. Dropping objects from overpass; classification; definition A. A person on an overpass who with criminal negligence drops, throws, shoots or otherwise propels an object at or on the lower level street or highway or at or on a motor vehicle that is standing or being operated on the lower level street or highway is guilty of a class 1 misdemeanor. B. For purposes of this section, "overpass" means the upper level of a crossing, at different levels, of two streets or highways or a street or highway and a pedestrian path or railroad. 13-3721. Tattoos, brands, scarifications and piercings; minors; anesthesia; exception; defense; violation; classification; definitions A. It is unlawful for a person: 1. To intentionally brand, scarify, implant, mutilate, tattoo or pierce the body of a person who is under eighteen years of age without the physical presence of the parent or legal guardian of the person requesting the brand, scar, tattoo, implant, mutilation or piercing. 2. Who tattoos or pierces the body of another person to use a needle or any substance that will leave color under the skin more than once or to use a needle that is not sterilized with equipment used by state licensed medical facilities pursuant to title 36, chapter 4. 3. To engage in the business of tattooing, branding, scarifying, implanting, mutilating or body piercing out of a home or an impermanent structure, including a tent, trailer, trunk or other impermanent structure. 4. Who is not licensed pursuant to title 32 to administer anesthesia during the course of any procedure involving the branding, scarifying, tattooing, implanting, mutilating or piercing of the body of another person. B. Subsection A, paragraph 1 does not apply to the ear piercing of a person who has written or verbal permission from a parent or legal guardian or to procedures that are prescribed by a health care provider who is licensed pursuant to title 32. C. It is a defense to a prosecution for a violation of subsection A, paragraph 1 that the person requested age identification and relied in good faith on the accuracy of the information contained in the identification. D. A person who violates this section is guilty of a class 6 felony. E. For the purposes of this section: 1. "Implant", "mutilate", "brand", "scarify" or "pierce" means to mark the skin or other body part with any indelible design, letter, scroll, figure, symbol or other mark that is placed by the aid of instruments on or under the skin or body part and that cannot be removed without a surgical procedure or any design, letter, scroll, figure, symbol or other mark done by scarring on or under the skin or other body part. Implant does not include cosmetic implants. 2. "Tattoo" means to mark the skin with any indelible design, letter, scroll, figure, symbol or any other mark that is placed by the aid of needles or other instruments upon or under the skin with any substance that will leave color under the skin and that cannot be removed, repaired or reconstructed without a surgical procedure or any design, letter, scroll, figure, symbol or other mark done by scarring upon or under the skin. 13-3722. Solicitations for American veterans' organizations; approval; violation; classification A. It is unlawful for a person to solicit money or other support in the name of American veterans unless the veterans' organization for which the person is soliciting money or other support files a registration statement with the secretary of state in a format prescribed by the secretary of state. B. A person who violates this section is guilty of a class 3 misdemeanor. 13-3723. Unlawful operation of a recording device with the intent to record a motion picture; classification; definitions A. It is unlawful for a person to knowingly operate an audiovisual recording function of a device in a facility in which a motion picture is being exhibited with the intent to record the motion picture when that person knew or should have known they were doing so without the consent of the owner or lessee of the facility in which the motion picture is being exhibited. B. With reasonable cause, a person may detain on the premises in a reasonable manner and for a reasonable time any person suspected of the unlawful recording of a motion picture as prescribed in subsection A for questioning or summoning a law enforcement officer. For the purposes of this subsection, "person" means: 1. The owner or lessee of a facility in which a motion picture is being exhibited or the owner's or lessee's authorized agent or employee. 2. The licensor of the motion picture being exhibited or the licensor's authorized agent or employee. C. This section does not prevent any federal or state law enforcement agency or officer that is engaged in any intelligence gathering activities or any other lawful investigation from operating any audiovisual recording device in any facility in which a motion picture is being exhibited. D. This section does not prevent prosecution under any other provision of law that provides for a greater penalty. E. A person who violates this section is guilty of a class 1 misdemeanor. F. For the purposes of this section: 1. "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed. 2. "Facility" means any theater, screening room, indoor or outdoor screening venue, auditorium, ballroom or other premises where motion pictures are publicly exhibited, regardless of whether an admission fee is charged, but does not include the lobby area of a theater or a personal residence. 13-3724. Obtaining utility service fraudulently; classification; definitions A. It is unlawful for any customer or person to intentionally do any of the following: 1. Make a connection or reconnection with property that is owned or used by a utility to provide utility service without the authorization or consent of the utility. 2. Prevent a utility meter or other device that is used to determine the charge for utility services from accurately performing its measuring function. 3. Tamper with property that is owned or used by a utility. 4. Use, receive or otherwise divert utility services without the authorization or consent of the utility if the customer or person knows or has reason to know of the unlawful diversion, tampering or connection. 5. Divert or cause to be diverted utility services by any means. B. There is a rebuttable presumption that the customer or person intentionally violated an act specified in this section if any of the following occurs: 1. An instrument, apparatus or device that was installed to obtain utility service without paying the full charge is found attached to the meter or other device that is used to provide the utility service on the premises controlled by the customer or by the person who uses or receives the utility service. 2. A meter was altered, tampered with or bypassed resulting in no measurement or an inaccurate measurement of utility services. 3. The customer, person or owner is an occupant of the premises or has an access to the system for delivery of the service to the premises and receives a benefit from tampered or bypassed equipment. C. The presumption provided in subsection B shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant. D. Obtaining utility service fraudulently is a class 6 felony. E. For the purposes of this section: 1. "Customer" means the person in whose name a utility service is provided. 2. "Divert" means to change the intended course or path of electricity, gas or water without the authorization or consent of the utility. 3. "Reconnection" means the restoration of utility service to a customer or person after service has been legally disconnected by the utility. 4. "Tamper" means to rearrange, damage, alter, interfere with or otherwise prevent the performance of a normal or customary function, including any of the following: (a) Connecting any wire, conduit or device to any service, distribution or transmission line that is owned or used by a utility. (b) Defacing, puncturing, removing, reversing or altering any meter or any connections to secure unauthorized or unmeasured utility service. (c) Preventing any meter from properly measuring or registering. (d) Knowingly taking, receiving, using or converting to personal use or the use of another person any utility service without authorization or consent. (e) Causing, procuring, permitting, aiding or abetting any person to do any of the acts listed in this paragraph. 5. "Utility" means any public service corporation, agricultural improvement district or other person that is engaged in the generation, transmission or delivery of electricity, water or natural gas, including this state or any political subdivision of this state. 6. "Utility service" means the provision of services or commodities by the utility for compensation. 13-3725. Interference with monitoring devices; classification A. A person commits interference with monitoring devices by either: 1. Being required to be on electronic monitoring or global position system monitoring and removing or bypassing any device or equipment that is necessary for the electronic monitoring or global position system monitoring. 2. Assisting any person who is required to be on electronic monitoring or global position system monitoring in removing or bypassing any device or equipment that is necessary for the electronic monitoring or global position system monitoring. B. A violation of this section is a class 4 felony. 13-3726. Unauthorized use of the name, portrait or picture of a deceased soldier; civil action; exceptions; classification; definition A. A person shall not knowingly use the name, portrait or picture of a deceased soldier for the purpose of advertising for the sale of any goods, wares or merchandise or for the solicitation of patronage for any business without having obtained prior consent to the use by the soldier or by the soldier's spouse, immediate family member, trustee if the soldier is a minor or legally designated representative. B. Any person who is injured by the use of the name, portrait or picture of a deceased soldier in violation of subsection A of this section may bring a civil action against the person who committed the violation pursuant to section 12-761. C. This section does not apply to the following: 1. The use of a soldier's name, portrait or picture in an attempt to portray, describe or impersonate that soldier in a live performance, a single and original work of fine art, a play, book, article, musical work or film or on radio, television or other audio or audiovisual work if the performance, musical work, play, book, article or film does not itself constitute a commercial advertisement for any goods, wares or merchandise. 2. The use of a soldier's name, portrait or picture for noncommercial purposes, including any news, public affairs or sports broadcast or account. 3. The use of a soldier's name in truthfully identifying the soldier as the author of a particular work or program or as the performer in a particular performance. 4. Any promotional materials, advertisements or commercial announcements for a use described in paragraph 1, 2 or 3. 5. The use of photographs, video recordings and images by a person, firm or corporation practicing the profession of photography to exhibit, in or about the professional photographer's place of business or portfolio, specimens of the professional photographer's work, unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by the portrayed soldier or a person who may enforce the soldier's rights and remedies. 6. A soldier's picture or portrait that is not facially identifiable. 7. A photograph of a monument or a memorial that is placed on any goods, wares or merchandise. D. A person who violates this section is guilty of a class 1 misdemeanor. E. For the purposes of this section, "soldier" means any active duty member or former member of the armed forces of the United States, including any member who was killed in the line of duty. 13-3727. Unlawful residency; persons convicted of criminal offenses; exceptions; preemption; classification A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13-705, or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in section 13-705, and who is required to register pursuant to section 13-3821 to: 1. If the person is classified as a level three offender pursuant to section 13-3825, reside within one thousand feet of the real property comprising any of the following: (a) A private school, as defined in section 15-101, or a public school that provides instruction in kindergarten programs and any combination of kindergarten programs and grades one through eight. (b) A private school, as defined in section 15-101, or a public school that provides instruction in any combination of grades nine through twelve. (c) A child care facility as defined in section 36-881. 2. Knowingly establish a residence and reside within one thousand feet of the real property on which the person's former victim resides. 3. Establish a residence and reside within one thousand feet of the real property on which the person's former victim resides. B. Subsection A, paragraph 1 of this section does not apply to any of the following: 1. A person who establishes the person's residence before September 19, 2007 or before a new school or child care facility is located. 2. A person who is a minor. 3. A person who is currently serving a term of probation. 4. A person who has had the person's civil rights restored pursuant to chapter 9 of this title. 5. A person who has not been convicted of a subsequent offense in the previous ten years, excluding any time the person was incarcerated in any federal, state, county or local jail or prison facility. C. Subsection A, paragraphs 2 and 3 of this section do not apply to: 1. A person who is required to register pursuant to section 13-3821, subsection A, paragraph 19. 2. A person who receives written consent to establish the residence from the victim or, if the victim is a minor, from the parent or guardian of the minor unless the parent or guardian of the minor is the person who was convicted. D. It is a defense to a prosecution for a violation of subsection A, paragraph 3 of this section if the person established the residence without knowledge that the victim resided within one thousand feet, the person moved within thirty days after receiving actual knowledge of the victim's residence and the person did not have contact with the victim during that thirty-day period. E. Notwithstanding any other law and as a matter of statewide concern, a county, city or town shall not enact an ordinance that provides for distance restrictions greater than those found in this section. F. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing the person's residence to the nearest point on the property line of a parcel containing a child care facility or a school or on which the person's former victim resides. G. A person who violates this section is guilty of a class 1 misdemeanor, except that a person who commits a second or subsequent violation of subsection A, paragraph 2 or 3 of this section is guilty of a class 6 felony. 13-3728. Unlawful purchase, solicitation, advertisement, possession or sale of used detached catalytic converter; classification; definition A. It is unlawful for a person to purchase, solicit, advertise, possess or sell a used detached catalytic converter or any nonferrous parts of a catalytic converter. B. Subsection A of this section does not apply to: 1. The possession or sale of a used detached catalytic converter or any nonferrous parts of a catalytic converter by an automotive recycler that is licensed pursuant to title 28, chapter 10 if the possession or sale is in the automotive recycler's ordinary course of business. 2. The purchase or sale of a used detached catalytic converter or any nonferrous parts of a catalytic converter as prescribed by section 44-1642.01 that are acquired in a transaction with an industrial account, with another scrap metal dealer or after the used detached catalytic converter or the nonferrous parts of a catalytic converter are authorized for release by a peace officer of the jurisdiction in which the transaction occurs, except that a solicitation or advertisement for a used detached catalytic converter or any nonferrous parts of a catalytic converter may be made only for industrial accounts. 3. The possession or sale of a used detached catalytic converter or any nonferrous parts of a catalytic converter by a commercial motor vehicle parts or repair business that sells or installs new catalytic converters if the possession or sale is in the business's ordinary course of business. A commercial motor vehicle parts or repair business may purchase a used detached catalytic converter being sold as a vehicle repair part in compliance with United States environmental protection agency policy. The used detached catalytic converter in compliance with United States environmental protection agency policy shall be marked with the date the catalytic converter was removed from the vehicle, the vehicle identification number of the vehicle from which the catalytic converter was removed or an alternative number to the vehicle identification number. If an alternative number is used, the alternative number must be under a numbering system that can be immediately linked to the vehicle identification number by law enforcement. C. A person that purchases a used detached catalytic converter or any nonferrous parts of a catalytic converter shall electronically submit to the department of public safety a record of each transaction relating to a used detached catalytic converter or any nonferrous parts of a catalytic converter in accordance with section 44-1644. D. A violation of this section is a class 1 misdemeanor, except that a violation of subsection A of this section involving the unlawful possession of ten or more used detached catalytic converters is a class 6 felony. E. For the purposes of this section, "catalytic converter" has the same meaning prescribed in section 44-1642.01. 13-3729. Unlawful operation of model or unmanned aircraft; state preemption; classification; definitions A. It is unlawful for a person to operate a model aircraft or a civil unmanned aircraft if the operation: 1. Is prohibited by a federal law or regulation that governs aeronautics, including federal aviation administration regulations. 2. Interferes with a law enforcement, firefighter or emergency services operation. B. It is unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense. C. It is unlawful for a person to intentionally operate a civil unmanned aircraft within five thousand two hundred eighty feet of or within five thousand two hundred eighty feet above a ticketed entertainment event unless the person: 1. Obtains written consent from another person with legal authority over the ticketed entertainment event. 2. Is an employee of the property where the ticketed entertainment event is held and is conducting official business. 3. Is an employee of a water, sewer, electric, telecommunications, cable or other public or regulated utility and is conducting official