Unlawful Use of Criminal Instrument

From the Law Office of Alison Grinter in Dallas, Texas

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

Degree

Unlawful use of a criminal instrument is charged for the possession or manufacture, adaptation, selling, installation, or setting up of any item that is "specially designed, made or adapted for use" in committing an offense, with the intent either to use, aid, or permit another in committing an offense. When the person possessing the instrument intends to commit the offense himself, the possession charge is one category lower than the planned offense. When the person possessing the instrument intends to aid another in committing the offense, the possession charge is a state jail felony.

Statute(s)

§ 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT.

(a) A person commits an offense if:
(1) he possesses a criminal instrument with intent to use it in the commission of an offense; or
(2) with knowledge of its character and with intent to use or aid or permit another to use in the commission of an offense, he manufactures, adapts, sells, installs, or sets up a criminal instrument.
(b) For the purpose of this section, "criminal instrument" means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.
(c) An offense under Subsection (a)(1) is one category lower than the offense intended. An offense under Subsection (a)(2) is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 7, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.