Del. P.J.I. Crim. No. 11.850(a)(1)a

USE, POSSESSION, MANUFACTURE, DISTRIBUTION AND

SALE OF UNLAWFUL TELECOMMUNICATION AND ACCESS

DEVICES

In order to find Defendant guilty of Use, Possession, Manufacture, Distribution

and Sale of Unlawful Telecommunication and Access Devices, you must find the

State has proved the following three (3) elements beyond a reasonable doubt:

(1) Defendant [(manufactured/assembled/distributed/possessed with intent to

distribute/ transferred/sold/promoted/offered/advertised) for (sale/use/distribution)

a n y u n l a w f u l t e l e c o m m u n i c a t i o n

device)/(modified/altered/programmed/reprogrammed) a telecommunication device];

(2) The unlawful telecommunication device was [for the unauthorized

(acquisition/theft)/to (receive/disrupt/transmit/decrypt/{acquire/facilitate}) the

(receipt/disruption/transmission/decryption/ acquisition)] of any telecommunication

service without the express consent or authorization of the telecommunication service

provider; and

(3) Defendant acted knowingly.

“Knowingly” means Defendant was aware Defendant was manufacturing,

distributing or selling a unlawful telecommunication device.

"Manufacture or assembly of unlawful telecommunications device" means to

make, produce or assemble an unlawful telecommunication device or to modify, alter,

program or reprogram a telecommunication device to be capable of acquiring,

disrupting, receiving, transmitting, decrypting or facilitating the acquisition,

disruption, receipt, transmission or decryption of a telecommunication service

without the express consent or express authorization of the telecommunication

service provider, or to knowingly assist others in those activities.

"Telecommunication service provider" means a person or entity providing a

telecommunication service, whether directly or indirectly as a reseller, including, but

not limited to, a cellular, paging or other wireless communications company or other

person or entity which, for a fee, supplies the facility, cell site, mobile telephone

switching office or other equipment or telecommunication service; any person or

entity owning or operating any cable television, satellite, Internet-based, telephone,

wireless, microwave, data transmission or radio distribution system, network or

facility; and any person or entity providing any telecommunication service directly

or indirectly by or through any such distribution systems, networks or facilities.

“Unlawful telecommunication device" means any electronic serial number,

mobile identification number, personal identification number or any

telecommunication device that is capable of acquiring or facilitating the acquisition

of a telecommunication service without the express consent or express authorization

of the telecommunication service provider, or that has been altered, modified,

programmed or reprogrammed alone or in conjunction with another

telecommunication device or other equipment to so acquire or facilitate the

unauthorized acquisition of a telecommunication service. "Unlawful

telecommunication device" also means: (a) phones altered to obtain service without

the express consent or express authorization of the telecommunication service

provider, tumbler phones, counterfeit or clone phones, tumbler microchips,

counterfeit or clone microchips, and other instruments capable of disguising their

identity or location or of gaining unauthorized access to a telecommunications

system, network or facility operated by a telecommunication service provider; and (b)

any telecommunication device which is capable of, or has been altered, designed,

modified, programmed or reprogrammed, alone or in conjunction with another

telecommunication device, so as to be capable of facilitating the disruption,

acquisition, receipt, transmission or decryption of a telecommunication service

without the express consent or express authorization of the telecommunication

service provider, including, but not limited to, any device, technology, product,

service, equipment, computer software, or component or part thereof, primarily

distributed, sold, designed, assembled, manufactured, modified, programmed,

reprogrammed or used for the purpose of providing the unauthorized receipt of,

transmission of, disruption of, decryption of, access to, or acquisition of any

telecommunication service provided by any telecommunication service provider.