CHAPTER 33A. TELECOMMUNICATIONS CRIMES
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 33A. TELECOMMUNICATIONS CRIMES
Sec. 33A.01. DEFINITIONS. In this chapter:
(1) "Counterfeit telecommunications access device" means a
telecommunications access device that is false, fraudulent, not
issued to a legitimate telecommunications access device
subscriber account, or otherwise unlawful or invalid.
(2) "Counterfeit telecommunications device" means a
telecommunications device that has been altered or programmed
alone or with another telecommunications device to acquire,
intercept, receive, or otherwise facilitate the use of a
telecommunications service without the authority or consent of
the telecommunications service provider and includes a clone
telephone, clone microchip, tumbler telephone, tumbler microchip,
or wireless scanning device capable of acquiring, intercepting,
receiving, or otherwise facilitating the use of a
telecommunications service without immediate detection.
(3) "Deliver" means to actually or constructively sell, give,
loan, or otherwise transfer a telecommunications device, or a
counterfeit telecommunications device or any telecommunications
plans, instructions, or materials, to another person.
(4) "Publish" means to communicate information or make
information available to another person orally, in writing, or by
means of telecommunications and includes communicating
information on a computer bulletin board or similar system.
(5) "Telecommunications" means the origination, emission,
transmission, or reception of data, images, signals, sounds, or
other intelligence or equivalence of intelligence over a
communications system by any method, including an electronic,
magnetic, optical, digital, or analog method.
(6) "Telecommunications access device" means an instrument,
device, card, plate, code, account number, personal
identification number, electronic serial number, mobile
identification number, counterfeit number, or financial
transaction device that alone or with another telecommunications
access device can acquire, intercept, provide, receive, use, or
otherwise facilitate the use of a telecommunications device,
counterfeit telecommunications device, or telecommunications
service.
(7) "Telecommunications device" means any instrument, equipment,
machine, or device that facilitates telecommunications and
includes a computer, computer chip or circuit, telephone, pager,
personal communications device, transponder, receiver, radio,
modem, or device that enables use of a modem.
(8) "Telecommunications service" means the provision,
facilitation, or generation of telecommunications through the use
of a telecommunications device or telecommunications access
device over a telecommunications system.
(9) "Value of the telecommunications service obtained or
attempted to be obtained" includes the value of:
(A) a lawful charge for telecommunications service avoided or
attempted to be avoided;
(B) money, property, or telecommunications service lost, stolen,
or rendered unrecoverable by an offense; and
(C) an expenditure incurred by a victim to verify that a
telecommunications device or telecommunications access device or
telecommunications service was not altered, acquired, damaged, or
disrupted as a result of an offense.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1,
1997.
Sec. 33A.02. UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE.
(a) A person commits an offense if the person is an officer,
shareholder, partner, employee, agent, or independent contractor
of a telecommunications service provider and the person knowingly
and without authority uses or diverts telecommunications service
for the person's own benefit or to the benefit of another.
(b) An offense under this section is:
(1) a Class B misdemeanor if the value of the telecommunications
service used or diverted is less than $500;
(2) a Class A misdemeanor if:
(A) the value of the telecommunications service used or diverted
is $500 or more but less than $1,500; or
(B) the value of the telecommunications service used or diverted
is less than $500 and the defendant has been previously convicted
of an offense under this chapter;
(3) a state jail felony if:
(A) the value of the telecommunications service used or diverted
is $1,500 or more but less than $20,000; or
(B) the value of the telecommunications service used or diverted
is less than $1,500 and the defendant has been previously
convicted two or more times of an offense under this chapter;
(4) a felony of the third degree if the value of the
telecommunications service used or diverted is $20,000 or more
but less than $100,000;
(5) a felony of the second degree if the value of the
telecommunications service used or diverted is $100,000 or more
but less than $200,000; or
(6) a felony of the first degree if the value of the
telecommunications service used or diverted is $200,000 or more.
(c) When telecommunications service is used or diverted in
violation of this section pursuant to one scheme or continuing
course of conduct, whether or not in a single incident, the
conduct may be considered as one offense and the values of the
service used or diverted may be aggregated in determining the
grade of the offense.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1,
1997.
Sec. 33A.03. MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL
TELECOMMUNICATIONS DEVICE. (a) A person commits an offense if
the person manufactures, possesses, delivers, offers to deliver,
or advertises:
(1) a counterfeit telecommunications device; or
(2) a telecommunications device that is intended to be used to:
(A) commit an offense under Section 33A.04; or
(B) conceal the existence or place of origin or destination of a
telecommunications service.
(b) A person commits an offense if the person delivers, offers
to deliver, or advertises plans, instructions, or materials for
manufacture of:
(1) a counterfeit telecommunications device; or
(2) a telecommunications device that is intended to be used to
commit an offense under Subsection (a).
(c) An offense under this section is a felony of the third
degree.
(d) It is a defense to prosecution under this section that the
person was an officer, agent, or employee of a telecommunications
service provider who engaged in the conduct for the purpose of
gathering information for a law enforcement investigation related
to an offense under this chapter.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1,
1997.
Sec. 33A.04. THEFT OF TELECOMMUNICATIONS SERVICE. (a) A person
commits an offense if the person knowingly obtains or attempts to
obtain telecommunications service to avoid or cause another
person to avoid a lawful charge for that service by using:
(1) a telecommunications access device without the authority or
consent of the subscriber or lawful holder of the device or
pursuant to an agreement for an exchange of value with the
subscriber or lawful holder of the device to allow another person
to use the device;
(2) a counterfeit telecommunications access device;
(3) a telecommunications device or counterfeit
telecommunications device; or
(4) a fraudulent or deceptive scheme, pretense, method, or
conspiracy, or other device or means, including a false, altered,
or stolen identification.
(b) An offense under this section is:
(1) a Class B misdemeanor if the value of the telecommunications
service obtained or attempted to be obtained is less than $500;
(2) a Class A misdemeanor if:
(A) the value of the telecommunications service obtained or
attempted to be obtained is $500 or more but less than $1,500; or
(B) the value of the telecommunications service obtained or
attempted to be obtained is less than $500 and the defendant has
been previously convicted of an offense under this chapter;
(3) a state jail felony if:
(A) the value of the telecommunications service obtained or
attempted to be obtained is $1,500 or more but less than $20,000;
or
(B) the value of the telecommunications service obtained or
attempted to be obtained is less than $1,500 and the defendant
has been previously convicted two or more times of an offense
under this chapter;
(4) a felony of the third degree if the value of the
telecommunications service obtained or attempted to be obtained
is $20,000 or more but less than $100,000;
(5) a felony of the second degree if the value of the
telecommunications service obtained or attempted to be obtained
is $100,000 or more but less than $200,000; or
(6) a felony of the first degree if the value of the
telecommunications service obtained or attempted to be obtained
is $200,000 or more.
(c) When telecommunications service is obtained or attempted to
be obtained in violation of this section pursuant to one scheme
or continuing course of conduct, whether or not in a single
incident, the conduct may be considered as one offense and the
values of the service obtained or attempted to be obtained may be
aggregated in determining the grade of the offense.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1,
1997.
Sec. 33A.05. PUBLICATION OF TELECOMMUNICATIONS ACCESS DEVICE.
(a) A person commits an offense if the person with criminal
negligence publishes a telecommunications access device or
counterfeit telecommunications access device that is designed to
be used to commit an offense under Section 33A.04.
(b) Except as otherwise provided by this subsection, an offense
under this section is a Class A misdemeanor. An offense under
this section is a felony of the third degree if the person has
been previously convicted of an offense under this chapter.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1,
1997.
Sec. 33A.06. ASSISTANCE BY ATTORNEY GENERAL. The attorney
general, if requested to do so by a prosecuting attorney, may
assist the prosecuting attorney in the investigation or
prosecution of an offense under this chapter or of any other
offense involving the use of telecommunications equipment,
services, or devices.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1,
1997.