The Texas Unlawful Use of Criminal Instrument or Mechanical Security Device law gives police the right to arrest you if they believe you possessed lockpicking tools or any other tools designed for use in the commission of crimes if you intended to use those criminal instruments to commit crimes, or if you sell, install, or set up any such device knowing that it was something that was intended to be used in criminal activity.
FAQs about the
Unlawful Criminal Instrument & Mechanical Security Device law in Texas
- What is the current Texas law about Unlawful Use of Criminal Instrument or Mechanical Security Device?
- How can I be charged with an Unlawful Criminal Instrument & Mechanical Security Device offense in Texas?
- What is the statute of limitation for Unlawful Criminal Instrument & Mechanical Security Device in Texas?
- What is the penalty for a Texas Unlawful Criminal Instrument & Mechanical Security Device offense?
- Can you get probation for Unlawful Criminal Instrument & Mechanical Security Device in Texas?
- What level of crime is Unlawful Criminal Instrument & Mechanical Security Device in Texas?
This is a specific intent crime, meaning that it is not illegal to merely possess these tools – it is illegal to possess them only if you have the intent to do something criminal with them. The legislature defined both “criminal instruments” and “mechanical security devices,” but the definitions are quite broad.
Have you been charged with Unlawful Use of Criminal Instrument or Mechanical Security Device? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The Texas legislature codified this criminal offense in Texas Penal Code Section 16.01. The law was not updated in 2023. In fact, this law has not been amended since 2011.
The Penal Code classifies the Texas Unlawful Criminal Instrument & Mechanical Security Device law under Title 4 “Inchoate Offenses,” Chapter 16 “Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device.” Learn more about the Texas offense of Unlawful Use of Criminal Instrument or Mechanical Security Device below.
What is the current Texas law about Unlawful Use of Criminal Instrument or Mechanical Security Device?
Texas law currently defines the offense of Unlawful Use of Criminal Instrument or Mechanical Security Device in Penal Code Section §16.01 as follows:[1]
(a) A person commits an offense if:
(1) the person possesses a criminal instrument or mechanical security device with the intent to use the instrument or device in the commission of an offense; or
(2) with knowledge of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells, installs, or sets up the instrument or device.
The legislature defined “criminal instrument” as “anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.”[2] The statute also defines “mechanical security device” as “a device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to a structure, motor vehicle, or other property.”[3]
How can I be charged with an Unlawful Criminal Instrument & Mechanical Security Device offense in Texas?
You can be charged with Unlawful Use of Criminal Instrument or Mechanical Security Device in Texas if the state’s attorneys believe that each of the elements of 16.01 as described in the section above have been met.
What is the statute of limitation for Unlawful Criminal Instrument & Mechanical Security Device in Texas?
Misdemeanor level Unlawful Criminal Instrument & Mechanical Security Device charges have a two-year limitations period.[4] Felony level offenses have a three-year limitations period.[5]
What is the penalty for a Texas Unlawful Criminal Instrument & Mechanical Security Device offense?
A conviction for Unlawful Use of Criminal Instrument or Mechanical Security Device under subsection (a)(1) is punished as one offense lower than the offense that the device was intended to help commit, and an offense under subsection (a)(2) is a state jail felony.[6]
Can you get probation for Unlawful Criminal Instrument & Mechanical Security Device in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Unlawful Criminal Instrument & Mechanical Security Device, and judges are also allowed to accept deferred adjudication plea deals.[7]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[8] 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.[9]
What level of crime is Unlawful Criminal Instrument & Mechanical Security Device in Texas?
The Penal Code classifies the punishment for subsection (a)(1) offenses of Unlawful Criminal Instrument & Mechanical Security Device as one category lower than the offense intended. Subsection (a)(2) offenses are classified as state jail felonies.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §16.01. This law is current as of 2024.^2. Texas Penal Code §16.01(b)(1)^3. Texas Penal Code §16.01(b)(2)^4. Code of Criminal Procedure 12.02(a)^5. See Code of Criminal Procedure 12.01(9)^6. Texas Penal Code §16.01(c)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^8. Art. 42A.053(c), Texas Code of Criminal Procedure^9. Art. 42A.054(b), Texas Code of Criminal Procedure
