Unlawful device for theft of service -- Seizure and destruction -- Civil actions for damages. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits unlawful device for theft of service if the actor: (a) makes or possesses an instrument, apparatus, equipment, or device for the use of, or for the purpose of, committing or attempting to commit theft under Section 76-6-409 or 76-6-409.3 ; or (b) sells, offers to sell, advertises, gives, transports, or otherwise transfers to another person: (i) an instrument, apparatus, equipment, or device; or (ii) any information, plan, or instruction for obtaining, making, or assembling an instrument, apparatus, equipment, or device, with intent that the instrument, apparatus, equipment, or device be used, or caused to be used, to commit or attempt to commit theft under Section 76-6-409 or 76-6-409.3 . (3) (a) A violation of Subsection (2) is a class A misdemeanor. (b) Any instrument, apparatus, equipment, device, information, plan, or instruction referred to in Subsection (2) may be seized pursuant to a court order, lawful search and seizure, lawful arrest, or other lawful process. (c) Upon the conviction of an actor for a violation of this section, the sheriff of the county in which the actor was convicted shall destroy as contraband any instrument, apparatus, equipment, device, information, plan, or instruction. (4) A criminal prosecution under this section does not affect any person's right of civil action for redress for damages suffered as a result of a violation of this section.
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