A.R.S. tit. 13 ch. 44 — Arizona Revised Statutes Title 13 Chapter 44 — Wireless Telephone Counterfeiting

13-4801. Definitions In this chapter, unless the context otherwise requires: 1. "Acquire" means to electronically capture, record, reveal or otherwise access by means of any instrument, device or equipment a cellular or wireless telephone's electronic serial number or mobile identification number without the consent of the communication service provider. 2. "Cellular telephone" means a communication device that contains an electronic serial number and the operation of which depends on the transmission of that electronic serial number together with the mobile identification number in the form of radio signals through cell sites and mobile switching stations. 3. "Cloned cellular or wireless telephone" means a cellular or wireless telephone in which the manufacturer's electronic serial number has been altered. 4. "Cloning paraphernalia" means the materials that are necessary to create a cloned cellular or wireless telephone and includes scanners to intercept electronic serial numbers, cellular telephones and mobile identification numbers, wireless telephones, cables, chips, burners, software and the computers containing the software to program a cloned cellular or wireless telephone's microchip with a false electronic serial number and mobile identification number combination and lists of electronic serial number and mobile identification number combinations. 5. "Communication service provider" has the same meaning prescribed in section 13-3001. 6. "Electronic serial number" means the unique numerical algorithm that the manufacturer programs into the microchip of each wireless telephone. 7. "Mobile identification number" means the cellular or wireless telephone number that the cellular or wireless telephone carrier assigns to the wireless telephone. 8. "Wireless telephone" means a communication device that transmits radio, satellite or other mobile telephone communication. 13-4802. Possession or sale of cloned cellular or wireless telephones; exception; violation; classification A. It is unlawful for a person to knowingly do any of the following: 1. Possess a cloned cellular or wireless telephone. 2. Possess an instrument that is capable of acquiring electronic serial number and mobile identification number combinations with the intent to clone a cellular or wireless telephone. 3. Sell a cloned cellular or wireless telephone. B. This section does not prohibit the possession, sale or use of cloning paraphernalia or cloned cellular or wireless telephones or the acquisition of electronic serial numbers or mobile identification numbers 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 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. A person who violates this section is guilty of a class 4 felony.