Sec. 33A.03.  MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE.  (a)  A person commits an offense if the person manufactures, possesses, delivers, offers to deliver, or advertises:
(1)  a counterfeit telecommunications device;  or
(2)  a telecommunications device that is intended to be used to:
(A)  commit an offense under Section 33A.04;  or
(B)  conceal the existence or place of origin or destination of a telecommunications service.
(b)  A person commits an offense if the person delivers, offers to deliver, or advertises plans, instructions, or materials for manufacture of:
(1)  a counterfeit telecommunications device;  or
(2)  a telecommunications device that is intended to be used to commit an offense under Subsection (a).
(c)  An offense under this section is a felony of the third degree.
(d)  It is a defense to prosecution under this section that the person was an officer, agent, or employee of a telecommunications service provider who engaged in the conduct for the purpose of gathering information for a law enforcement investigation related to an offense under this chapter.
Added by Acts 1997, 75th Leg., ch. 306, Sec. 3, eff. Sept. 1, 1997.