(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
(2) An actor commits use of a telecommunication device to avoid lawful charge for service if the actor uses a telecommunication device:
(a) with the intent to avoid the payment of a lawful charge for telecommunication service; or
(b) with the knowledge that the use of the telecommunication device was to avoid the payment of a lawful charge for telecommunication service.
(3)
(a) A violation of Subsection (2) is:
(i) a class B misdemeanor, if the value of the telecommunication service is less than $300 or cannot be ascertained;
(ii) a class A misdemeanor, if the value of the telecommunication service charge is or exceeds $300 but is not more than $1,000;
(iii) a third degree felony, if the value of the telecommunication service is or exceeds $1,000 but is not more than $5,000; or
(iv) a second degree felony, if:
(A) the value of the telecommunication service is or exceeds $5,000;
(B) the cloned cellular telephone was used to facilitate the commission of a felony; or
(C) the actor previously has been convicted of a violation of this section.
(b) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.