Texas Penal Code 31.12 – Theft of or Tampering with Multichannel Video or Information Services
WHAT IS THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE IN TEXAS?
The Texas law against theft of or tampering with multichannel video or information services prohibits stealing cable television and streaming services.
WHAT IS THE THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES LAW IN TEXAS?
Tex. Penal Code § 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES.
(a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly:
(1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to:
(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or
(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system;
(2) attaches, causes to be attached, or maintains the attachment of a device to:
(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or
(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system;
(3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or
(4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider.
. . .
(c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.
(d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor:
(1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or
(2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days.
(e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense.
WHAT IS THE PENALTY CLASS FOR THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
Theft of or tampering with a multichannel video or information service is enhanceable, meaning each conviction will increase the penalty category for each subsequent arrest, as follows:
- First offense: Class C misdemeanor, punishable by a $500 fine;
- Class B misdemeanor, punishable by up to 180 days in county jail:
- If a person charged with theft of or tampering with multichannel video or information services has one prior conviction of the same offense;
- Class A misdemeanor, punishable by up to one year in county jail;
- if a person with two or more previous convictions of theft of or tampering with multichannel video or information services is subsequently arrested for the same offense.
The statute further provides for a higher minimum punishment if a person receives payment for stealing or tampering with a multichannel video or information service. If the offense is committed for remuneration, it is a Class A misdemeanor with a minimum punishment of 180 days in county jail, and a maximum confinement term of one year.
WHAT IS THE PUNISHMENT RANGE FOR THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
The first time a person steals or tampers with a multichannel video or information service, it is a Class C misdemeanor, which is punishable by a maximum fine of $500. The second offense is a Class B misdemeanor, which carries a possible 180 days in county jail, and up to a $2,000 fine.
If a person is charged with theft of or tampering with a multichannel video or information service, and has been convicted of the same offense two or more times, it is a Class A misdemeanor, which carries up to a year in jail, and a maximum fine of $4,000. The Class A misdemeanor offense committed for remuneration carries 180 days to one year in county jail, and a fine between $2,000 and $4,000.
WHAT ARE THE PENALTIES FOR THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
A person convicted of Class A or Class B misdemeanor theft of or tampering with multichannel video or information services may be placed on probation after a conviction, or deferred adjudication without a conviction, for a period of up to two years.
A person charged with a Class C misdemeanor may be placed on deferred adjudication for up to 180 days.
WHAT ARE THE DEFENSES TO THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
The statute does not authorize specific defenses to theft of or tampering with multichannel video or information services. A person accused thereof may assert any defense in an attempt to negate at least one of the elements the State must prove at trial. For example, an accused may argue he or she lacked the requisite knowledge or intent to commit the offense.
WHAT IS THE STATUTE OF LIMITATIONS FOR THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
The limitation period for theft of or tampering with multichannel video or information services is two years.
THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS
To keep up with technological advances, the Legislature expanded cable theft to criminalize the use of new technology made for stealing streaming services, and other multichannel video or information services, in addition to cable television.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
Request a free consultation
The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.
