Theft of Cable/Services: An Overview of 720 ILCS 5/16-3
Theft of cable/services, as defined under 720 ILCS 5/16-3 in Illinois, refers to the unauthorized access of cable, video, data, internet, or telephone services. This crime involves obtaining services without paying for them, assisting others in stealing services, and tampering with equipment to obtain free services illegally.
What Does the Law State?
The law states that a person commits theft of cable/services when they intentionally, knowingly:
- Obtain or attempt to obtain cable, video, data, internet, or telephone services without paying the compensation required by the provider. This includes obtaining services through fraud, trick, deception, code or device.
- Assist others in obtaining cable or services without authorization or compensation. For example, making devices to descramble cable signals, promoting theft of cable, or providing access to others.
- Alter, tamper with, damage, or connect to any cables, wires, converters, or devices belonging to a cable/service provider for the purpose of obtaining services without authorization or compensation.
- Make or maintain a connection or connections with cables, wires, converters, or devices belonging to a cable/service provider without the consent of the provider.
Theft of cable/services is a Class A misdemeanor. However, the second or subsequent offense is a Class 4 felony.
What Are the Penalties?
Since cable theft is a misdemeanor on first offense, penalties can include:
- Up to 1 year in jail
- Fines up to $2,500
- Probation or court supervision
- Community service
- Restitution to the cable/service provider
For second and subsequent offenses (a felony), penalties increase to:
- 1-3 years in prison
- Fines up to $25,000
- Probation or conditional discharge
- Restitution
What Are Some Defenses?
There are a few potential defenses if accused of cable theft:
- Lack of criminal intent: The defendant did not knowingly or intentionally commit theft, but accessed services by accident or mistake.
- Authorization: The defendant had actual permission or authorization from the cable provider to access the services.
- No tampering: The defendant did not alter or tamper with any cables, wires, or devices to obtain unauthorized access.
- Misidentification: The defendant was mistakenly identified and did not actually commit the crime.
- Entrapment: Law enforcement induced the defendant to commit a crime they otherwise would not have.
An experienced criminal defense lawyer can evaluate the evidence and determine the best defense strategy for each unique case.
What Are the Implications?
Cable and service theft has several implications:
- Financial losses: Companies lose millions per year from cable theft. This results in higher costs for paying subscribers.
- Service disruption: Tampering with cables and devices can disrupt services for entire neighborhoods.
- Safety hazards: Improperly connected cables are fire and electrocution risks.
- Unfair competition: Businesses who steal cable gain an unfair advantage over competitors.
While some view cable theft as a victimless crime, there are clearly broader societal impacts. Law enforcement takes cable theft seriously, performing stings and raids to crack down on illegal access. Providers actively monitor service and equipment for unauthorized tampering and theft.
Are There Any Pros?
Some argue cable theft provides access to those unable to afford cable/internet services. However, low-cost options exist through reputable providers, government assistance programs, and public access centers. Theft ultimately drives up prices and reduces quality/reliability of services for all customers.
Conclusion
Theft of cable and services is a crime under 720 ILCS 5/16-3 in Illinois, punishable by fines and jail time depending on the number of offenses. While cable theft may seem harmless on the surface, there are legal consequences if caught. There are also broader implications for costs, safety, competition, and service quality. Instead of theft, those struggling to afford services have options through assistance programs and authorized providers.