Texas Penal Code 33A.02 – Unauthorized Use of Telecommunications Service
(a) A person commits an offense if the person is an officer, shareholder, partner, employee, agent, or independent contractor of a telecommunications service provider and the person knowingly and without authority uses or diverts telecommunications service for the person’s own benefit or to the benefit of another.
(b) An offense under this section is:
(1) a Class B misdemeanor if the value of the telecommunications service used or diverted is less than $500;
(2) a Class A misdemeanor if:
(A) the value of the telecommunications service used or diverted is $500 or more but less than $1,500; or
(B) the value of the telecommunications service used or diverted 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 used or diverted is $1,500 or more but less than $20,000; or
(B) the value of the telecommunications service used or diverted 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 used or diverted is $20,000 or more but less than $100,000;
(5) a felony of the second degree if the value of the telecommunications service used or diverted 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 used or diverted is $200,000 or more.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
Terms Used In Texas Penal Code 33A.02
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. 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
- 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) When telecommunications service is used or diverted 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 used or diverted may be aggregated in determining the grade of the offense.