Unlawful Transfer of a Telecommunications Device to a Minor

 Posted on February 12, 2015 in Criminal Defense

Most crimes are standalone crimes. However, there are some crimes that act as add-ons of a sort or as ways for the prosecution to try to punish someone not just for committing a crime, but also for the way in which he or she committed the crime. These additional offenses can increase the severity of the possible punishment for a crime, which makes it extremely important that you have the assistance of an experienced criminal defense attorney. One example of this sort of additional offense is a crime many have never heard of: unlawful transfer of a telecommunications device.

What is Unlawful Transfer of a Telecommunications Device?

From the name of this crime, it sounds like it might have something to do with defrauding a cell phone company or giving a kid a cell phone without his or her parents’ permission. While either of those activities can land you in hot water, they are not quite what this law is about. Under Illinois statute you are guilty of this crime if you transfer a telecommunications device (like a cell phone) to someone under the age of 18 with the intent that the device be used to commit a crime under the Illinois criminal code, the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. This crime is a Class A misdemeanor, which means you could be sentenced to a term in jail not to exceed one year. Property forfeiture is also a possibility. Thus, if one were to participate in a criminal enterprise of some sort with a minor and that person were to give the minor a cell phone or similar device in order to facilitate that criminal offense, the person could be charged both with that underlying crime and with this additional crime.

What Counts as a Telecommunications Device?

The most obvious type of covered device is a cell phone. But many other devices are also covered. Any device that is portable or that can be installed in a mode of transportation and that is capable of transmitting speech, data, signals, or other information is included. This means that pagers or beepers are covered, along with radio transceivers, transmitters, and receivers. It is worth noting that a radio designed to receive only standard AM and FM radio broadcasts is specifically exempted from the law.

Call the Law Offices of Christopher M. Cosley

When you are charged with a crime you need the help of an experienced Rolling Meadows criminal defense lawyer. Call the Law Offices of Christopher M. Cosley. When you call us at (847)394-3200 we will set up an appointment to go over the facts of your case and figure out how we can help.