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.
