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CHAPTER 31. THEFT
§ 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.
(b) In this section:
(1) "Access device," "connection," and "device" mean
an access device, connection, or device wholly or partly designed
to make intelligible an encrypted, encoded, scrambled, or other
nonstandard signal carried by a multichannel video or information
services provider.
(2) "Encrypted, encoded, scrambled, or other
nonstandard signal" means any type of signal or transmission not
intended to produce an intelligible program or service without the
use of a device, signal, or information provided by a multichannel
video or information services provider.
(3) "Multichannel video or information services
provider" means a licensed cable television system, video dialtone
system, multichannel multipoint distribution services system,
direct broadcast satellite system, or other system providing video
or information services that are distributed by cable, wire, radio
frequency, or other media.
(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.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 10, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 858, Sec. 1, eff. Sept. 1, 1999.
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