Chapter 33A is the Texas telecommunications crimes chapter, and Section 33A.03 addresses the devices used to obtain service unlawfully or to hide its origin. It is a third-degree felony.
What the Statute Says
(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 that the person was an officer, agent, or employee of a telecommunications service provider who engaged in the conduct in the course of employment for a legitimate purpose.
Two Theories, Two Burdens
Counterfeit device. For a device that is itself counterfeit, the conduct — manufacture, possession, delivery, offer, advertisement — is the offense.
Device intended for unlawful use. For an otherwise ordinary device, the State must prove it was intended to be used to commit a Section 33A.04 offense (unauthorized use of telecommunications service) or to conceal the existence, origin, or destination of a service. That intent element is where these cases are defended.
What It Reaches in Practice
The chapter was written in the era of cloned cell phones and cable descramblers. Today the same language is applied to SIM boxes used for call termination fraud, devices used to mask call origin, and equipment used to obtain service without authorization. Robocall and spoofing operations sit at the intersection of this section and Section 33A.051.
Defenses
Intent. Routers, SIM gateways, VoIP hardware, signal boosters, and testing equipment all have entirely legitimate uses. Possession by an IT professional, a reseller, or a telecom contractor proves nothing without evidence of intended unlawful use.
Not counterfeit. "Counterfeit" is a defined term. Equipment that is genuine, lawfully purchased, and unmodified does not qualify.
The employment defense. Subsection (d) protects provider employees, agents, and officers acting in the course of employment for a legitimate purpose — which covers a great deal of network testing and troubleshooting work.
Research and education. Distributing technical information has First Amendment dimensions, and subsection (b) requires that the plans or materials be for manufacture of a device intended for unlawful use.
Possession and linkage. Equipment found in a shared business premises, a warehouse, or a residence with multiple occupants raises the usual affirmative-links problems.
Federal Overlap
Telecommunications fraud is heavily federal — wire fraud, access device fraud under 18 U.S.C. 1029, and FCC enforcement all apply. Anyone facing a state charge here should assume federal review. See our federal criminal defense page.
Related
- Section 33A.051 — false caller identification information display
- Breach of computer security (33.02) · Electronic data tampering (33.023)
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.