and are in effect on October 5, 1973. [1973 c.473 �3]

165.565 and are in effect on October 5, 1973. [1973 c.473 �3]

����� 165.570 Improper use of emergency communications system. (1) A person commits the crime of improper use of the emergency communications system if the person knowingly:

����� (a) Makes an emergency call or calls the tip line for a purpose other than to report a situation that the person reasonably believes requires prompt service in order to preserve human life or property; or

����� (b) Allows another person to use communications equipment owned, rented or leased by or under the control of the person to make an emergency call or call the tip line for a purpose other than to report a situation that the other person reasonably believes requires prompt service in order to preserve human life or property.

����� (2) As used in this section:

����� (a) �Emergency call� has the meaning given that term in ORS 403.105.

����� (b) �Emergency communications system� has the meaning given that term in ORS 403.105.

����� (c) �Tip line� means the statewide tip line established under ORS 339.329.

����� (3) Improper use of the emergency communications system is a Class A misdemeanor. [1995 c.566 �1; 2001 c.619 �4; 2015 c.247 �29; 2016 c.74 �3]

����� 165.572 Interference with making a report. (1) A person commits the crime of interference with making a report if the person, by removing, damaging or interfering with a telephone line, telephone or similar communication equipment, intentionally prevents or hinders another person from making a report to a law enforcement agency, a law enforcement official or an agency charged with the duty of taking public safety reports or from making an emergency call as defined in ORS 403.105.

����� (2) Interference with making a report is a Class A misdemeanor. [1999 c.946 �1; 2015 c.247 �30]

CELLULAR TELEPHONES

����� 165.575 Definitions for ORS 165.575 to 165.583. As used in ORS 165.575 to 165.583:

����� (1) �Cellular telephone� means a radio telecommunications device that may be used to obtain access to the public and cellular switch telephone networks and that is programmed by the manufacturer with an electronic serial number.

����� (2) �Cellular telephone service� means all services and cellular telephone equipment and capabilities available from a provider to an end user for a fee.

����� (3) �Cloned cellular telephone� or �counterfeit cellular telephone� means a cellular telephone, the electronic serial number of which has been altered by someone other than the manufacturer.

����� (4) �Cloning paraphernalia� means materials that, when possessed in combination, are capable of creating a cloned cellular telephone. �Cloning paraphernalia� includes, but is not limited to:

����� (a) Scanners to intercept electronic serial numbers and mobile identification numbers;

����� (b) Cellular telephones;

����� (c) Cables;

����� (d) EPROM chips;

����� (e) EPROM burners;

����� (f) Software for programming the cellular telephone with a false electronic serial number, mobile identification number, other identifiable data or a combination thereof;

����� (g) Computers containing software described in paragraph (f) of this subsection; and

����� (h) Lists of electronic serial number and mobile identification number combinations.

����� (5) �Electronic serial number� means a unique number that is programmed into a cellular telephone by the manufacturer, transmitted by the cellular telephone and used by cellular telephone providers to validate radio transmissions to the system as having been made by an authorized device.

����� (6) �End user� is a person who pays a fee to subscribe to cellular telephone service from a provider or a person receiving a call from or sending a call to the person paying or subscribing for cellular telephone service.

����� (7) �Intercept� means to electronically capture, record, reveal or otherwise access the signals emitted or received during the operation of a cellular telephone by any instrument, device or equipment without the consent of the sender or receiver.

����� (8) �Mobile identification number� means the cellular telephone number assigned to the cellular telephone by the cellular telephone provider.

����� (9) �Provider� means a licensed seller of cellular telephone service or a reselling agent authorized by a licensed seller. [1995 c.524 �1]

����� 165.577 Cellular counterfeiting in the third degree. (1) A person commits the crime of cellular counterfeiting in the third degree if the person knowingly possesses a cloned cellular telephone and knows that the telephone is unlawfully cloned.

����� (2) Cellular counterfeiting in the third degree is a Class A misdemeanor. [1995 c.524 �2]

����� 165.579 Cellular counterfeiting in the second degree. (1) A person commits the crime of cellular counterfeiting in the second degree if the person knowingly possesses, and knows the unlawful nature of using, any cloning paraphernalia or any instrument capable of intercepting electronic serial numbers, mobile identification numbers, other identifiable data or a combination thereof and:

����� (a) Causes more than $100 in losses or damages; or

����� (b) Intercepts or obtains, or attempts to intercept or obtain, cellular telephone service of more than $100 in value.

����� (2) Cellular counterfeiting in the second degree is a Class C felony. [1995 c.524 �3]

����� 165.581 Cellular counterfeiting in the first degree. (1) A person commits the crime of cellular counterfeiting in the first degree if the person knowingly possesses or distributes, and knows the unlawful nature of using, any cloning paraphernalia or any instrument capable of intercepting electronic serial numbers, mobile identification numbers, other identifiable data or a combination thereof and agrees with, encourages, solicits or permits one or more other persons to engage in or cause, or obtain cellular telephone service through, cellular counterfeiting and:

����� (a) Causes more than $100 in losses or damages; or

����� (b) Intercepts, obtains or causes to be obtained cellular telephone service of more than $100 in value.

����� (2) Cellular counterfeiting in the first degree is a Class B felony. [1995 c.524 �4]

����� 165.583 Exemptions from ORS 165.577, 165.579 and 165.581. The provisions of ORS 165.577,