WHAT IS UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE IN TEXAS?
The Texas law against unauthorized use of telecommunications service prohibits an officer, shareholder, partner, employee, agent, or independent contractor of a telecommunications service provider from using or diverting a telecommunications service for his or her own benefit, or someone else’s benefit, without permission.
- What is a telecommunications service? Texas Penal Code Section 33A.01 defines “telecommunications service” as the provision, facilitation, or generation of telecommunications through the use of a telecommunications device or telecommunications access device over a telecommunications system.“Telecommunications” are 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.
- What are examples of telecommunications?Telecommunication technologies include telephones, telegraphs, radios, televisions, and have developed into more advanced wireless technologies such as computers and the internet.
WHAT IS THE UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE LAW IN TEXAS?
Tex. Penal Code § 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.
WHAT IS THE PENALTY CLASS FOR UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE IN TEXAS?
The penalty category for unauthorized use of telecommunications service depends on the value of the telecommunications service used or diverted, and whether a person has prior convictions for telecommunications crimes.
- Class B misdemeanor, punishable by up to 180 days in county jail, if:
- the value of the telecommunications service used or diverted is less than $500;
- Class A misdemeanor, punishable by up to one year in county jail, if:
- the value of the telecommunications service used or diverted is $500 or more but less than $1,500; or
- the value of the telecommunications service used or diverted is less than $500, and the person has been previously convicted once of a telecommunications crime;
- State jail felony, punishable by 180 days to two years in a state jail facility, if:
- the value of the telecommunications service used or diverted is $1,500 or more but less than $20,000; or
- the value of the telecommunications service used or diverted is less than $1,500, and the person has been previously convicted two or more times of a telecommunications crime;
- Third degree felony, punishable by two to ten years in prison, if:
- the value of the telecommunications service used or diverted is $20,000 or more but less than $100,000;
- Second degree felony, punishable by two to 20 years in prison, if:
- the value of the telecommunications service used or diverted is $100,000 or more but less than $200,000;
- First degree felony, punishable by five to 99 years or life in prison, if:
- the value of the telecommunications service used or diverted is $200,000 or more.
WHAT IS THE PUNISHMENT RANGE FOR UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE IN TEXAS?
The punishment range for unauthorized use of a telecommunications service corresponds to the value of the telecommunications service used or diverted.
- First degree felony (value of $200,000 or more):
- five to 99 years or life in prison, maximum $10,000 fine;
- Second degree felony (value of $100,000 or more but less than $200,000):
- two to 20 years in prison, maximum $10,000 fine;
- Third degree felony (value of $20,000 or more but less than $100,000):
- two to ten years in prison, maximum $10,000 fine;
- State jail felony (value of $1,500 or more but less than $20,000, or two priors):
- 180 days to two years in a state jail facility, maximum $10,000 fine;
- Class A misdemeanor (value of $500 or more but less than $1,500, or one prior):
- up to one year in jail, maximum $4,000 fine;
- Class B misdemeanor (value of less than $500):
- up to 180 days in jail, maximum $2,000 fine.
WHAT ARE THE PENALTIES FOR UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE IN TEXAS?
A person charged with unauthorized use of a telecommunications service may be eligible for probation after a conviction, or deferred adjudication without a conviction. The period of community supervision for a Class A or Class B misdemeanor may not exceed two years.
Community supervision for unauthorized use of a telecommunications service charged as a state jail felony may range from two to five years, with the possibility of extending supervision for up to ten years.
A person charged with third degree felony unauthorized use of a telecommunications service may be placed on probation for a term between two and five years, or deferred adjudication for up to ten years. If charged with a second degree felony or first degree felony, the period of community supervision may not exceed ten years.
WHAT ARE THE DEFENSES TO UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE IN TEXAS?
The statute does not authorize specific defenses to unauthorized use of a telecommunications service. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE IN TEXAS?
The limitation period for unauthorized use of a telecommunications service categorized as a misdemeanor is two years. If classified as a felony, the limitation period is three years.
UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE IN TEXAS
Diverting or using a telecommunications service without authorization may be punishable as a Class B misdemeanor through a first degree felony in Texas, depending on the value of the service used or diverted, and whether a person has prior convictions for telecommunications crimes.
