(1) Terms defined in Sections 76-1-101.5 and 76-6-409.5 apply to this section.
(2) An actor commits manufacture of unlawful telecommunication device if the actor intentionally manufactures an unlawful telecommunication device.
(3)
(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is third degree felony.
(b) A violation of Subsection (2) is a second degree felony if the offense involves the intentional manufacture of five or more unlawful telecommunication devices within a six-month period.
(c) An actor who violates this section is subject to the restitution and civil action provisions described in Section 76-6-409.10.