united-states criminal-law radio fcc communications-law
Is deliberate radio interference a crime?
<p>I know that it is forbidden by FCC regulations to deliberately interfere with radio communications, but is it a crime?</p>

<p>Yes. <a href="https://www.law.cornell.edu/uscode/text/47/333" rel="noreferrer">47 U.S. Code § 333</a> (part of the Communications Act of 1934 as amended) bans willful or malicious interference. <a href="https://www.law.cornell.edu/uscode/text/47/501" rel="noreferrer">§ 501</a> imposes a general penalty for any violation of the Communications Act that doesn’t have a different penalty defined elsewhere in the Act. A first offense is a misdemeanor punishable by up to a $10,000 fine and/or up to a year in jail. Subsequent offenses are felonies punishable by up to 2 years in prison.</p>
<p>In practice, this might result in only a civil action by the FCC. But it is forbidden by Congress and can be punished by imprisonment.</p>

<p><strong>United Kingdom</strong></p>
<p>It is an <strong>offence</strong>: the <a href="https://www.legislation.gov.uk/ukpga/2006/36/section/68" rel="noreferrer">Wireless Telegraphy Act 2006</a> states</p>
<blockquote>
<p><strong>68 Deliberate interference</strong></p>
<p>(1) A person commits an offence if he uses apparatus for the purpose of interfering with wireless telegraphy.</p>
</blockquote>
<p>About the possibly narrow definition of <a href="https://en.wikipedia.org/wiki/Wireless_telegraphy" rel="noreferrer">Wireless Telegraphy</a>, this <a href="https://www.legislation.gov.uk/ukpga/2006/36/section/116" rel="noreferrer">section of the Act</a> says</p>
<blockquote>
<p><strong>116 “Wireless telegraphy”</strong></p>
<p>(1) In this Act “wireless telegraphy” means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of energy to which subsection (2) applies.</p>
<p>(2) This subsection applies to electromagnetic energy of a frequency not exceeding 3,000 gigahertz that —<br />
   (a) serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus; or<br />
   (b) is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects.</p>
</blockquote>

<p>Yes. A violation of basically any FCC regulation is a criminal offense under either <a href="https://casetext.com/statute/united-states-code/title-47-telecommunications/chapter-5-wire-or-radio-communication/subchapter-v-penal-provisions-forfeitures/section-502-violation-of-rules-regulations-etc" rel="noreferrer">47 U.S.C. § 502</a> or <a href="https://casetext.com/statute/united-states-code/title-47-telecommunications/chapter-5-wire-or-radio-communication/subchapter-v-penal-provisions-forfeitures/section-501-general-penalty" rel="noreferrer">47 U.S. Code § 501</a>:</p>
<blockquote>
<p>Any person who willfully and knowingly does ... any act ... in this chapter prohibited or declared to be unlawful ... shall, upon conviction thereof, be punished for such offense, for which no penalty (other than a forfeiture) is provided in this chapter, by a fine of not more than $10,000 or by imprisonment for a term not exceeding one year, or both</p>
</blockquote>
<p>And jail time is doubled for repeat offenders.</p>
<blockquote>
<p>Any person, having been once convicted of an offense punishable under this section, who is subsequently convicted of violating any provision of this chapter punishable under this section, shall be punished by a fine of not more than $10,000 or by imprisonment for a term not exceeding two years, or both.</p>
</blockquote>
