CHAPTER 445

An Act to amend the Code of Virginia by adding a section numbered
18.1-288.8, 30 as to provide that the selling or transferring of certain
telephonic instruments shall be unlawful; providing a penalty.

[H 789]
Approved April 1, 1966

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
18.1-238.3, as follows: .

§ 18.1-238.3. (a) It shall be unlawful for any person knowingly to
make, sell, offer or advertise for sale, possess, or give or otherwise transfer
to another any instrument, apparatus, equipment, or device or plans or
instructions for making or assembling any instrument, apparatus, equip-
ment or device which has been designed, adapted, used, or employed with
the intent or for the purpose of (1) obtaining long distance toll telephone
or telegraph service or the transmission of a long distance toll message,
signal, or other communication by telephone or telegraph, or over tele-
phone or telegraph facilities, without the payment of charges for any such
long distance message, signal or other communication; or (2) concealing
or assisting another to conceal from any supplier of telephone or telegraph
service or from any person charged with the responsibility of enforcing
this section, the existence or place of origin or of destination of any long
distance toll message, signal, or other communication by telephone or tele-
graph, or over telephone or telegraph facilities. Persons violating any pro-
vision of this section shall be guilty of a misdemeanor. ;

(b) Any such instrument, apparatus, equipment or device, or plans
or instructions therefor, may be seized by court order or under a warrant;
and, upon a final conviction of any person owning the seized materials, or
having any ownership interest therein, for a violation of any provision
of this section, the instrument, apparatus, equipment, device, or plans or
instructions shall be ordered destroyed as contraband by the court in
which the person is convicted.