Theft of Telecommunications Service: Texas Penal Code §33A.04

The Texas Theft of Telecommunications Service law makes it illegal to obtain telecommunications services without authorization from the provider through a fraudulent scheme or counterfeit device.

The Texas legislature codified this criminal offense in Texas Penal Code Section 33A.04. 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 Theft of Telecommunications Service law under Title 7 “Offenses Against Property,” Chapter 33A “Telecommunications Crimes.” Learn more about the Texas offense of Theft of Telecommunications Service below.

What is the current Texas law about Theft of Telecommunications Service?

Texas law currently defines the offense of Theft of Telecommunications Service in Penal Code Section §33A.04 as follows:^[1]

(a) A person commits an offense if the person knowingly obtains or attempts to obtain telecommunications service to avoid or cause another person to avoid a lawful charge for that service by using:

(1) a telecommunications access device without the authority or consent of the subscriber or lawful holder of the device or pursuant to an agreement for an exchange of value with the subscriber or lawful holder of the device to allow another person to use the device;

(2) a counterfeit telecommunications access device;

(3) a telecommunications device or counterfeit telecommunications device; or

(4) a fraudulent or deceptive scheme, pretense, method, or conspiracy, or other device or means, including a false, altered, or stolen identification.

How can I be charged with a Theft of Telecommunications Service offense in Texas?

You can be charged with Theft of Telecommunications Service in Texas if the state’s attorneys believe that each of the elements of 33A.04(a) as described in the section above have been met.

What is the statute of limitation for Theft of Telecommunications Service in Texas?

Misdemeanor level Theft of Telecommunications Service charges have a two-year limitations period.^[2] Felony level offenses have a three-year limitations period.^[3]

What is the penalty for a Texas Theft of Telecommunications Service offense?

If the value of the telecommunications device obtained is less than $500, then a conviction for Theft of Telecommunications Service in Texas is punished as a Class B misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

If the value of the telecommunications device obtained is less than $500 and the actor has been previously convicted, or if the telecommunications device obtained is $500 or more but less than $1,500, then a conviction for Theft of Telecommunications Service in Texas is punished as a Class A misdemeanor,^[5] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

If the value of the telecommunications device obtained is less than $1,500 and the actor has been previously convicted two or more times, or if the telecommunications device obtained is $1,500 or more but less than $20,000, then a conviction for Theft of Telecommunications Service in Texas is punished as a State Jail Felony,^[6] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.

If the value of the telecommunications device obtained is $20,000 or more but less than $100,000, then a conviction for Theft of Telecommunications Service in Texas is punished as a Felony of the Third Degree,^[7] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If the value of the telecommunications device obtained is $100,000 or more but less than $200,000, then a conviction for Theft of Telecommunications Service in Texas is punished as a Felony of the Second Degree,^[8] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.

If the value of the telecommunications device obtained is $300,000 or more, then a conviction for Theft of Telecommunications Service in Texas is punished as a Felony of the First Degree, with a maximum possible fine under Texas state law of up to $10,000 and up to life in prison.^[9]

Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Theft of Telecommunications Service in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Theft of Telecommunications Service, and judges are also allowed to accept deferred adjudication plea deals.^[10]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[11] Also, 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.^[12]

What level of crime is Theft of Telecommunications Service in Texas?

The Penal Code classification of the punishment for Theft of Telecommunications Service ranges from a Class B misdemeanor to a first degree felony, depending on the value of the service.

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

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Legal References:

^1. Texas Penal Code §33A.04. This law is current as of 2024.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §33A.04(b)(1)^5. Texas Penal Code §33A.04(b)(2)^6. Texas Penal Code §33A.04(b)(3)^7. Texas Penal Code §33A.04(b)(4)^8. Texas Penal Code §33A.04(b)(5)^9. Texas Penal Code §33A.04(b)(6)^10. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^11. Art. 42A.053(c), Texas Code of Criminal Procedure^12 Art. 42A.054(b), Texas Code of Criminal Procedure