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CHAPTER 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL
COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE
§ 16.03. UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE.
(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, "authorized peace officer,"
"communications common carrier," "pen register," and "trap and
trace device" have the meanings assigned by Article 18.21, 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 communications
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:
(A) protecting property or services provided by
the carrier;
(B) assisting another who the actor reasonably
believes to be a peace officer authorized to install or use a pen
register or trap and trace device under Article 18.21, Code of
Criminal Procedure;
(2) an officer, employee, or agent of a lawful
enterprise and the actor installs or uses a device or equipment
while engaged in an activity that:
(A) is a necessary incident to the rendition of
service or to the protection of property of or services provided by
the enterprise; and
(B) is not made for the purpose of gathering
information for a law enforcement agency or private investigative
agency, other than information related to the theft of
communication or information services provided by the enterprise;
or
(3) a person authorized to install or use a pen
register or trap and trace device under Article 18.21, Code of
Criminal Procedure.
(d) An offense under this section is a state jail felony. |
