(1) A person commits the crime of cellular counterfeiting in the first degree if the person knowingly possesses or distributes, and knows the unlawful nature of using, any cloning paraphernalia or any instrument capable of intercepting electronic serial numbers, mobile identification numbers, other identifiable data or a combination thereof and agrees with, encourages, solicits or permits one or more other persons to engage in or cause, or obtain cellular telephone service through, cellular counterfeiting and:
(a) Causes more than $100 in losses or damages; or
(b) Intercepts, obtains or causes to be obtained cellular telephone service of more than $100 in value.
(2) Cellular counterfeiting in the first degree is a Class B felony.