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Can you summarize Tex. Penal Chapter 16?
INCHOATE OFFENSES > CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE
Short Summary
These legal documents cover various aspects of criminal instruments, interception of wire or oral communication, and installation of tracking devices. They govern the possession, manufacture, sale, installation, and use of criminal instruments or mechanical security devices with the intent to commit an offense. The documents also regulate the interception, use, or disclosure of wire, oral, or electronic communications, including intentional interception or disclosure, use of intercepted information, and covert entry for interception purposes. Additionally, they address the installation and use of pen register or trap and trace devices to record or decode telephone numbers transmitted on a telephone line. The documents also prohibit the unlawful access to stored communications and the illegal divulgence of public communications. Furthermore, they govern the installation of tracking devices on motor vehicles owned or leased by others. The documents apply to individuals, entities, and specific roles such as communication common carriers, peace officers, and licensed private investigators. There are exemptions to prosecution, including interception by communication common carriers, consent from parties involved, and authorized actions by peace officers or licensed private investigators. Penalties for non-compliance vary depending on the offense committed, ranging from one category lower than the intended offense to state jail felonies, Class A misdemeanors, or Class C misdemeanors.
Whom does it apply to?
Individuals who possess criminal instruments or mechanical security devices, individuals and entities involved in wire, oral, or electronic communications, individuals who install or use pen register or trap and trace devices, individuals who obtain, alter, or prevent authorized access to stored communications, persons who provide electronic communications service to the public, persons who install tracking devices on motor vehicles owned or leased by others
What does it govern?
Unlawful use of criminal instruments or mechanical security devices, unlawful interception, use, or disclosure of wire, oral, or electronic communications, unlawful use of pen register or trap and trace device, unlawful access to stored communications, illegal divulgence of public communications, unlawful installation of tracking devices
What are exemptions?
Interception by communication common carriers, consent from one of the parties involved, authorized peace officers, communication common carriers, officers or employees of lawful enterprises engaged in necessary activities, persons authorized under Chapter 18B of the Code of Criminal Procedure, authorized by the provider of the service, the user of the service, the addressee or intended recipient of the communication, or Chapter 18B, Code of Criminal Procedure, authorized by federal or state law, to a person employed or authorized to forward the communication, to a law enforcement agency if they appear to pertain to the commission of a crime, obtaining the owner's consent, assisting a peace officer in a criminal investigation, being a licensed private investigator who installed the device with proper consent or pursuant to a court order, peace officers who install tracking devices in the course of a criminal investigation or pursuant to a court order
What are the Penalties?
Offense under Subsection (a)(1) is one category lower than the intended offense, offense under Subsection (a)(2) is a state jail felony, violation of interception, use, or disclosure of wire, oral, or electronic communications can result in felony charges with penalties varying depending on the specific offense committed, violation of unlawful use of pen register or trap and trace device is a state jail felony, unlawful access to stored communications is generally a Class A misdemeanor, but if committed to obtain a benefit or to harm another, it is a state jail felony, divulging scrambled or encrypted radio communication is a state jail felony, divulging non-scrambled or encrypted radio communication that is not a public land mobile radio service communication or a paging service communication is a Class A misdemeanor, divulging non-scrambled or encrypted radio communication that is a public land mobile radio service communication or a paging service communication is a Class C misdemeanor, violation of unlawful installation of tracking devices is a Class A misdemeanor
Jurisdiction
Texas