Texas Penal Code 33A.03 – Manufacture, Possession, or Delivery of Unlawful Telecommunications Device

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Texas Penal Code 33A.03 – Manufacture, Possession, or Delivery of Unlawful Telecommunications Device

WHAT IS MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE IN TEXAS?

Texas law prohibits manufacturing, possessing, delivering, advertising, or offering to deliver counterfeit telecommunications devices, or telecommunications devices intended for facilitating theft of telecommunications services.

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 MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE LAW IN TEXAS?

Tex. Penal Code § 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).

(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.

WHAT IS THE PENALTY CLASS FOR MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE IN TEXAS?

Manufacture, possession, or delivery of an unlawful telecommunications device is a third degree felony, punishable by two to ten years in prison.

WHAT IS THE PUNISHMENT RANGE FOR MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE IN TEXAS?

The punishment range for manufacturing, possessing, or delivering an unlawful telecommunications device, a third degree felony, is between two and ten years in prison, and a maximum $10,000 fine.

WHAT ARE THE PENALTIES FOR MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE IN TEXAS?

A person charged with manufacturing, possessing, or delivering an unlawful telecommunications device may be eligible for probation after a conviction, or deferred adjudication without a conviction. The probation term ranges from two to five years, and the period of deferred adjudication may not exceed ten years.

WHAT ARE THE DEFENSES TO MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE IN TEXAS?

The statute authorizes a defense to manufacturing, possessing, or delivering an unlawful telecommunications device if the accused was an officer, agent, or employee of a telecommunications service provider who was gathering information for law enforcement investigating a telecommunications crime.

WHAT IS THE STATUTE OF LIMITATIONS FOR MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE IN TEXAS?

The limitation period for manufacturing, possessing, or delivering an unlawful telecommunications device, a third degree felony, is three years.

MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE IN TEXAS

Making, selling, advertising, possessing, or delivering a counterfeit telecommunications device or a telecommunications device to be used to commit theft of a telecommunications service is a felony in Texas.

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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.

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.

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