Manufacture, Possession, or Delivery of Unlawful Telecommunications Device

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

It is a third degree felony to possess, deliver, offer to deliver, or advertise a counterfeit telecommunications device or a telecommunications device used to violate subsection 33A.04.

Statute(s)

§ 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, § 3, eff. Sept. 1, 1997.