2005 Texas Penal Code CHAPTER 33A. TELECOMMUNICATIONS CRIMES

PENAL CODE

CHAPTER 33A. TELECOMMUNICATIONS CRIMES


	§ 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, § 3, eff. Sept. 1, 1997.           


	§ 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, § 3, eff. Sept. 1, 1997.           


	§ 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, § 3, eff. Sept. 1, 1997.           


	§ 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, § 3, eff. Sept. 1, 1997.           


	§ 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, § 3, eff. Sept. 1, 1997.           


	§ 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, § 3, eff. Sept. 1, 1997.