Manufacture, Possession, or Delivery of Unlawful Telecommunications Device: Texas Penal Code §33A.03

The Texas Manufacture, Possession, or Delivery of Unlawful Telecommunications Device law makes it illegal to manufacture, possess, or deliver counterfeit telecommunications device or equipment to make a counterfeit telecommunications device with the intent to commit the offense of Theft of Telecommunications Service.

The Texas legislature codified this criminal offense in Texas Penal Code Section 33A.03. The legislature did not update this law in 2023. In fact, this law has not been amended since 1997.

The Penal Code classifies the Texas Manufacture, Possession, or Delivery of Unlawful Telecommunications Device law under Title 7 “Offenses Against Property,” Chapter 33A “Telecommunications Crimes.” Learn more about the Texas offense of Manufacture, Possession, or Delivery of Unlawful Telecommunications Device below.

What is the current Texas law about Manufacture, Possession, or Delivery of Unlawful Telecommunications Device?

Texas law currently defines the offense of Manufacture, Possession, or Delivery of Unlawful Telecommunications Device in Penal Code Section §33A.03 as follows:^[1]

(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).

How can I be charged with a Manufacture, Possession, or Delivery of Unlawful Telecommunications Device offense in Texas?

You can be charged with Manufacture, Possession, or Delivery of Unlawful Telecommunications Device in Texas if the state’s attorneys believe that each of the elements of 33A.03(a) as described in the section above have been met.

What is the statute of limitation for Manufacture, Possession, or Delivery of Unlawful Telecommunications Device in Texas?

Manufacture, Possession, or Delivery of Unlawful Telecommunications Device offenses have a three-year limitations period.^[2]

What is the penalty for a Texas Manufacture, Possession, or Delivery of Unlawful Telecommunications Device offense?

A conviction for Manufacture, Possession, or Delivery of Unlawful Telecommunications Device in Texas is punished as a Felony of the Third Degree,^[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

Can you get probation for Manufacture, Possession, or Delivery of Unlawful Telecommunications Device in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Manufacture, Possession, or Delivery of Unlawful Telecommunications Device, and judges are also allowed to accept deferred adjudication plea deals.^[4]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[5]

What level of crime is Manufacture, Possession, or Delivery of Unlawful Telecommunications Device in Texas?

The Penal Code classifies the punishment for Manufacture, Possession, or Delivery of Unlawful Telecommunications Device as a third degree felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §33A.03. This law is current as of 2024.^2. See Code of Criminal Procedure 12.01(9)^3. Texas Penal Code §33A.03(c)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.054(b), Texas Code of Criminal Procedure