Texas Penal Code 33A.04 – Theft of Telecommunications Service

WHAT IS THEFT OF TELECOMMUNICATIONS SERVICE IN TEXAS?

The Texas law against theft of telecommunications service prohibits obtaining another’s telecommunications service without permission, and without paying for it, by using any device that facilitates telecommunications, such as a computer, transponder, receiver, or device that enables a modem, or by any other deceptive means.

• 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 THEFT OF TELECOMMUNICATIONS SERVICE LAW IN TEXAS?

Tex. Penal Code § 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.

WHAT IS THE PENALTY CLASS FOR THEFT OF TELECOMMUNICATIONS SERVICE IN TEXAS?

The penalty category for theft of telecommunications service depends on the value of the telecommunications service  obtained or attempted to be obtained, 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  obtained or attempted to be obtained is less than $500;
• Class A misdemeanor, punishable by up to one year in county jail, if:
  • the value of the telecommunications service  obtained or attempted to be obtained is $500 or more but less than $1,500; or
  • the value of the telecommunications service  obtained or attempted to be obtained 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  obtained or attempted to be obtained is $1,500 or more but less than $20,000; or
  • the value of the telecommunications service  obtained or attempted to be obtained 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  obtained or attempted to be obtained 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  obtained or attempted to be obtained 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  obtained or attempted to be obtained is $200,000 or more.

WHAT IS THE PUNISHMENT RANGE FOR THEFT OF TELECOMMUNICATIONS SERVICE IN TEXAS?

The punishment range for theft of a telecommunications service corresponds to the value of the telecommunications service  obtained or attempted to be obtained.

• 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 THEFT OF TELECOMMUNICATIONS SERVICE IN TEXAS?

A person charged with theft 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 theft 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 theft 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 THEFT 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 THEFT OF TELECOMMUNICATIONS SERVICE IN TEXAS?

The limitation period for misdemeanor theft of a telecommunications service is two years. If the theft of a telecommunications service is categorized as a felony, the limitation period is five years.

THEFT OF TELECOMMUNICATIONS SERVICE IN TEXAS

Texas law prohibits stealing a telecommunications service, such as telephone services, by using another’s telecommunications access device, a counterfeit device, any deceptive scheme or false identification.