Theft of or Tampering with Multichannel Video or Information Services: Texas Penal Code §31.12

The Texas Theft of or Tampering with Multichannel Video or Information Services law gives police the right to arrest you if they believe you installed a device used to gain unauthorized access to a cable network or other information services provider.

The Texas legislature codified this criminal offense in Texas Penal Code Section 31.12. The legislature did not update this law in 2023. In fact, this law has not been amended since 1999.

The Penal Code codifies the Texas Theft of or Tampering with Multichannel Video or Information Services law under Title 7 “Offenses Against Property,” Chapter 31 “Theft.” Learn more about the Texas offense of Theft of or Tampering with Multichannel Video or Information Services below.

What is the current Texas law about Theft of or Tampering with Multichannel Video or Information Services?

The current Texas law defines the offense of Theft of or Tampering with Multichannel Video or Information Services in Penal Code Section §31.12 as follows:^[1]

(a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly:

(1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to:

(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or

(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system;

(2) attaches, causes to be attached, or maintains the attachment of a device to:

(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or

(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system;

(3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or

(4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider.

How can I be charged with a Theft of or Tampering with Multichannel Video or Information Services offense in Texas?

You can be charged with Theft of or Tampering with Multichannel Video or Information Services in Texas if the state’s attorneys believe that each of the elements of 31.12(a) as described in the section above have been met.

What is the statute of limitation for Theft of or Tampering with Multichannel Video or Information Services in Texas?

As a misdemeanor, Theft of or Tampering with Multichannel Video or Information Services charges have a two-year limitations period.^[2]

What is the penalty for a Texas Theft of or Tampering with Multichannel Video or Information Services offense?

A conviction for Theft of or Tampering with Multichannel Video or Information Services is punished by default as a Class C misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $500.

However, if it is shown in trial that you have already been convicted once of this offense, then a conviction for Theft of or Tampering with Multichannel Video or Information Services in Texas is punished as a Class B misdemeanor, and if it is shown that you have already been convicted twice of this offense, then a conviction is punished as a Class A misdemeanor.^[4]

Also, if it is shown that you were paid for the installation of the device, then the conviction is punished as a Class A misdemeanor, unless it is also shown on the trial of the offense that you have been previously convicted two or more times of this offense, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days.^[5] Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Theft of or Tampering with Multichannel Video or Information Services in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Theft of or Tampering with Multichannel Video or Information Services, and judges are also allowed to accept deferred adjudication plea deals.^[6]

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.^[7]

What level of crime is Theft of or Tampering with Multichannel Video or Information Services in Texas?

The Penal Code classifies the punishment for Theft of or Tampering with Multichannel Video or Information Services as a Class A, B, or C misdemeanor, depending on the circumstances.

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

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Legal References:

^1. Texas Penal Code §31.12. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §31.12(d)^4. Texas Penal Code §31.12(d)(1)^5. Texas Penal Code §31.12(d)(2)^6. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^7. Art. 42A.054(b), Texas Code of Criminal Procedure