Publication of Telecommunications Access Device

Texas Criminal Law

The Publication of Telecommunications Access Device crime in the state of Texas gives police the right to arrest you if they believe you communicated information or made information available to another person about a telecommunications device that is designed to commit the offense Theft of Telecommunications Service.

Publication of Telecommunications Access Device is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 33A “Telecommunications Crimes.”

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Learn more detailed information about the Publication of Telecommunications Access Device offense below.

What is the current Texas law about Publication of Telecommunications Access Device?

The current Texas law defines the offense of Publication of Telecommunications Access Device in Penal Code Section §33A.05 as follows:[1]

(a) A person commits an offense if the person with criminal negligence publishes a telecommunications access device or counterfeit telecommunications access device that is designed to be used to commit an offense under Section 33A.04.

Published is defined as meaning “to communicate information or make information available to another person orally, in writing, or by means of telecommunications and includes communicating information on a computer bulletin board or similar system.”[2]

How can I be charged with Publication of Telecommunications Access Device?

You can be charged with Publication of Telecommunications Access Device if the state’s attorneys believe that each of the elements of 33A.05(a) as described in the section above have been met.

What is the punishment for Publication of Telecommunications Access Device?

A conviction for Publication of Telecommunications Access Device is punished by default as a Class A misdemeanor,[3] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors

However, if the you have been previously convicted of any Telecommunications Crimes offense, then a conviction for Publication of Telecommunications Access Device is punished as a Felony of the Third Degree,[4] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years. Learn about the differences between grades of felonies and misdemeanors


Legal References:

^1. Texas Penal Code §33A.05^2. Texas Penal Code §33A.01(4)^3. Texas Penal Code §33A.05(b)^4. Texas Penal Code §33A.05(b)


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