WHAT IS THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES DEVICE IN TEXAS?
The Texas law against theft of or tampering with multichannel video or information services prohibits stealing cable television and streaming services.
WHAT IS THE THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES LAW IN TEXAS?
Tex. Penal Code § 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES.
(a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly:
(1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to:
(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or
(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system;
(2) attaches, causes to be attached, or maintains the attachment of a device to:
(A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or
(B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system;
(3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or
(4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider.
. . .
(c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.
(d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor:
(1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or
(2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days.
(e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense.
WHAT IS THE PENALTY CLASS FOR THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
Theft of or tampering with a multichannel video or information service is enhanceable, meaning each conviction will increase the penalty category for each subsequent arrest, as follows:
- First offense: Class C misdemeanor, punishable by a $500 fine;
- Class B misdemeanor, punishable by up to 180 days in county jail:
- If a person charged with theft of or tampering with multichannel video or information services has one prior conviction of the same offense;
- Class A misdemeanor, punishable by up to one year in county jail;
- if a person with two or more previous convictions of theft of or tampering with multichannel video or information services is subsequently arrested for the same offense.
The statute further provides for a higher minimum punishment if a person receives payment for stealing or tampering with a multichannel video or information service. If the offense is committed for remuneration, it is a Class A misdemeanor with a minimum punishment of 180 days in county jail, and a maximum confinement term of one year.
WHAT IS THE PUNISHMENT RANGE FOR THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
The first time a person steals or tampers with a multichannel video or information service, it is a Class C misdemeanor, which is punishable by a maximum fine of $500. The second offense is a Class B misdemeanor, which carries a possible 180 days in county jail, and up to a $2,000 fine.
If a person is charged with theft of or tampering with a multichannel video or information service, and has been convicted of the same offense two or more times, it is a Class A misdemeanor, which carries up to a year in jail, and a maximum fine of $4,000. The Class A misdemeanor offense committed for remuneration carries 180 days to one year in county jail, and a fine between $2,000 and $4,000.
WHAT ARE THE PENALTIES FOR THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
A person convicted of Class A or Class B misdemeanor theft of or tampering with multichannel video or information services may be placed on probation after a conviction, or deferred adjudication without a conviction, for a period of up to two years.
A person charged with a Class C misdemeanor may be placed on deferred adjudication for up to 180 days.
WHAT ARE THE DEFENSES TO THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
The statute does not authorize specific defenses to theft of or tampering with multichannel video or information services. A person accused thereof may assert any defense in an attempt to negate at least one of the elements the State must prove at trial. For example, an accused may argue he or she lacked the requisite knowledge or intent to commit the offense.
WHAT IS THE STATUTE OF LIMITATIONS FOR THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS?
The limitation period for theft of or tampering with multichannel video or information services is two years.
THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES IN TEXAS
To keep up with technological advances, the Legislature expanded cable theft to criminalize the use of new technology made for stealing streaming services, and other multichannel video or information services, in addition to cable television.
