Texas Penal Code

§ 16.03 — UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE

PE § 16.03Title 4. INCHOATE OFFENSES · Ch. 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE

Statute text

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(a)A person commits an offense if the person knowingly installs or uses a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line.

(b)In this section:

(1)"Authorized peace officer," "pen register," and "trap and trace device" have the meanings assigned by Article 18B.001, Code of Criminal Procedure.

(2)"Communication common carrier" has the meaning assigned by Article 18A.001, Code of Criminal Procedure.

(c)It is an affirmative defense to prosecution under Subsection (a) that the actor is:

(1)an officer, employee, or agent of a communication common carrier and the actor installs or uses a device or equipment to record a number dialed from or to a telephone instrument in the normal course of business of the carrier for purposes of:

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.02, eff. January 1, 2019.