§ 750.540hIntent to permit or obtain unauthorized receipt of telecommunications service

Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026             Page 452 of 465                               Courtesy of legislature.mi.gov

 Sec. 540h.
    (1) Evidence of 1 or more of the following facts shall give rise to a rebuttable presumption
 that the conduct that violated section 540c was engaged in knowingly by the defendant with
 the intent to permit or obtain the unauthorized receipt, acquisition, interception, disruption,
 decryption, transmission, or retransmission of a telecommunications service:
    (a) The presence on the defendant's property or in the actual possession of the defendant of
 1 or more unlawful telecommunications access devices.
    (b) The defendant installed an unauthorized connection or provided written instructions on
 such connection to another. An unauthorized connection does not include any of the following:
    (i) An internal connection made by a person within his or her residence for the purpose of
 receiving an authorized telecommunications service.
    (ii) The physical connection of a cable or other device by a person located within his or her
 residence which was initially placed there by the telecommunications service provider.
    (iii) The physical connection of a cable or other device by a person located within his or her
 residence which the person had reason to believe was an authorized connection.
    (c) The telecommunications service provider placed written warning labels on its
 telecommunications access devices explaining that tampering with a telecommunications
 device is a violation of law and a telecommunications device in the defendant's possession has
 been tampered with, altered, or modified to permit the unauthorized receipt, acquisition,
 interception, disruption, decryption, transmission, or retransmission of a telecommunications
 service.
    (d) The defendant has published or advertised for sale a plan for an unlawful
 telecommunications access device and the publication or advertisement states or implies that
 the plan will enable the unauthorized receipt, acquisition, interception, disruption, decryption,
 transmission, or retransmission of a telecommunications service.
    (e) The defendant has advertised for the sale of an unlawful telecommunications access
 device or kit for an unlawful telecommunications access device and the advertisement states or
 implies that the unlawful telecommunications access device or kit will permit the unauthorized
 receipt, acquisition, interception, disruption, decryption, transmission, or retransmission of a
 telecommunications service.
    (f) The defendant has sold, leased, or offered for sale or lease an unlawful
 telecommunications access device, plan, or kit for an unlawful telecommunications access
 device and during the course of the transaction for sale or lease, the defendant stated or
 implied to the buyer that the unlawful telecommunications access device will permit the
 unauthorized receipt, acquisition, interception, disruption, decryption, transmission, or
 retransmission of a telecommunications service.
    (g) As used in this section, "unauthorized receipt, acquisition, interception, disruption,
 decryption, transmission, or retransmission of a telecommunications service" means to do any
 of those acts without the express authority of the telecommunications service provider.