(a) In a prosecution for a violation of this subchapter, the following constitute prima facie evidence of both the defendant's intent to violate a provision of this subchapter and a violation of a provision of this subchapter:
(1) The existence on the property and in the actual possession of the defendant of any communication device or unlawful access device that is connected in such a manner as would permit the receipt of a communication service without the communication service's being reported for payment to and specifically authorized by the communication service provider; or
(2) The existence on the property and in the actual possession of the defendant when the totality of the circumstances, including quantity or volume, surrounding the defendant's arrest indicates possession for resale of any device designed, in whole or in part, to facilitate the performance of any illegal act set out in § 5-37-402.
(b) It is presumed that any person who receives a communication service to his or her residence, dwelling, or business is criminally and civilly liable for the conduct of another person at the residence, dwelling, or business for any violation of a provision of this subchapter.
Structure Arkansas Code