Texas Penal Code 33A.051 – False Caller Identification Information Display
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(a) A person commits an offense if the person, with the intent to defraud or cause harm, makes a call or engages in any other conduct using any type of technology that results in the display on another person’s telecommunications device of data that misrepresents the actor‘s identity or telephone number.
(b) An offense under this section is a Class A misdemeanor.
Terms Used In Texas Penal Code 33A.051
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Conviction: A judgement of guilt against a criminal defendant.
- Harm: means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
(c) Notwithstanding any other provision of this chapter, a conviction for an offense under this section may not be used for enhancement purposes under any other section of this chapter.
(d) It is a defense to prosecution that the actor:
(1) blocked caller identification information;
(2) was a peace officer or federal law enforcement officer lawfully discharging an official duty;
(3) was an officer, agent, or employee of a federal intelligence or security agency lawfully discharging an official duty;
(4) was an officer, agent, or employee of a telecommunications service provider who was:
(A) acting in the provider’s capacity as an intermediary for the transmission of telephone service, a Voice over Internet Protocol transmission, or another type of telecommunications transmission between the caller and the recipient;
(B) providing or configuring a service or service feature as requested by a customer;
(C) acting in a manner that is authorized or required by other law; or
(D) engaging in other conduct that is a necessary incident to the provision of service; or
(5) was a private investigator licensed under Chapter 1702, Occupations Code, lawfully conducting an investigation.
(e) For the purposes of this section, “telecommunications service provider” means a:
(1) telecommunications provider, as defined by § 51.002, Utilities Code; or
(2) provider of telecommunications service, advanced communications services, or information service, as those terms are defined by 47 U.S.C. § 153.