(a) A person who sells, gives or otherwise transfers to another or offers, advertises or exposes for sale to another any device, mechanism, tool or printed circuit, or any kit, plan or instructional procedure for the making of such device, mechanism, tool or printed circuit, with the knowledge that another will acquire cable television services in violation of this article, shall be guilty of a misdemeanor and, shall be punishable in accordance with subsection (b) of this section.

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Terms Used In West Virginia Code 61-3D-3

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(b) A person convicted of a misdemeanor under this section shall be punished as follows:

(1) Upon a first conviction under this section, the defendant shall be fined not less than $250, nor more than $500.

(2) Upon a second conviction under this section, the defendant shall be fined not less than $500, nor more than $1,000, or imprisoned in the county jail not more than thirty days, or both fined and imprisoned.

(3) Upon a third conviction under this section, the defendant shall be fined not less than $500, nor more than $1,000, or imprisoned in the county jail not less than sixty days, nor more than one year.