INCHOATE OFFENSES Part 4

UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE. 

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.

It is an affirmative defense to prosecution that the actor is:

  • 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: protecting property or services provided by the carrier; or 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
  • 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: is a necessary incident to the rendition of service or to the protection of property of or services provided by the enterprise; and 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 a person authorized to install or use a pen register or trap and trace device
  • An offense under this section is a state jail felony.

UNLAWFUL ACCESS TO STORED COMMUNICATIONS.

A person commits an offense if the person obtains, alters, or prevents authorized access to a wire or electronic communication while the communication is in electronic storage by:

  • intentionally obtaining access without authorization to a facility through which a wire or electronic communications service is provided; 
  • intentionally exceeding an authorization for access to a facility through which a wire or electronic communications service is provided.

ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS. 

  • A person who provides electronic communications service to the public commits an offense if the person knowingly divulges the contents of a communication to another who is not the intended recipient of the communication.
  • It is an affirmative defense to prosecution that the actor divulged the contents of the communication: as authorized by federal or state law;
  • to a person employed, authorized, or whose facilities are used to forward the communication to the communication’s destination;  or
  • to a law enforcement agency if the contents reasonably appear to pertain to the commission of a crime.

UNLAWFUL INSTALLATION OF TRACKING DEVICE. 

“Electronic or mechanical tracking device” means a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object.

A person commits an offense if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.

This section does not apply to a peace officer who installed the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency.

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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