State Codes and Statutes

Statutes > Texas > Penal-code > Title-7-offenses-against-property > 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.

State Codes and Statutes

Statutes > Texas > Penal-code > Title-7-offenses-against-property > 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.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Penal-code > Title-7-offenses-against-property > 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.


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