(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).

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Terms Used In Texas Penal Code 33A.03

  • Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. 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
  • 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) 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.

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