The Unlawful Use of Criminal Instrument or Mechanical Security Device crime in the state of Texas gives police the right to arrest you if they believe you possess lockpicking tools to commit crimes or a device used for specifically criminal purposes.
UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE ATTORNEY FAQs
Unlawful Use of Criminal Instrument or Mechanical Security Device is classified in the Texas Penal Code under Title 4 “Inchoate Offenses,” Chapter 16 “Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device.”
Have you been charged with Unlawful Use of Criminal Instrument or Mechanical Security Device? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
This is a specific intent crime, meaning that it is not illegal to merely possess lockpicking tools – it is illegal to possess them only if you have the intent to do something criminal with them. Learn more detailed information about the Unlawful Use of Criminal Instrument or Mechanical Security Device offense below.
What is the current Texas law about Unlawful Use of Criminal Instrument or Mechanical Security Device?
The current Texas law 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.
How can I be charged with Unlawful Use of Criminal Instrument or Mechanical Security Device?
You can be charged with Unlawful Use of Criminal Instrument or Mechanical Security Device 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 punishment for Unlawful Use of Criminal Instrument or Mechanical Security Device?
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.[2]
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