MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE

Sec. 33A.03. MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE. (a) A person commits an offense if the person manufactures, possesses, delivers, offers to deliver, or advertises: (1) a counterfeit telecommunications device; or (2) a telecommunications device that is intended to be used to: (A) commit an offense under Section 33A.04 ; or (B) conceal the existence or place of origin or destination of a telecommunications service. (b) A person commits an offense if the person delivers, offers to deliver, or advertises plans, instructions, or materials for manufacture of: (1) a counterfeit telecommunications device; or (2) a telecommunications device that is intended to be used to commit an offense under Subsection (a). (c) An offense under this section is a felony of the third degree. (d) It is a defense to prosecution under this section that the person was an officer, agent, or employee of a telecommunications service provider who engaged in the conduct for the purpose of gathering information for a law enforcement investigation related to an offense under this chapter. Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997.