Texas Attorney General Opinion: MW-463 Page: 2 of 9
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Honorable Oscar H. Mauzy - Page 2 (MW-463)
course of its business and being used by the
subscriber or user in the ordinary course of its
business; or (ii) being used by a communications
common carrier in the ordinary course of its
business, or by an investigative or law
enforcement officer in the ordinary course of his
duties;
(b) a hearing aid or similar device being
used to correct subnormal hearing to not better
than normal.
You ask whether these definitions are the same, and, if they are not,
how they differ.
Section 16.02(d) of the Texas Penal Code provides that:
Except as provided by Subsection (e) of this
section, a person commits an offense if he
knowingly or intentionally manufactures,
assembles, possesses, sells, sends, or carries an
electronic, mechanical, or other device that is
designed primarily for nonconsensual interception
of wire or oral communications. (Emphasis added).
Section 2512(1) of the federal act provides that:
Except as otherwise specifically provided in this
chapter, any person who willfully:
(a) sends through the mail, or sends or
carries in interstate or foreign commerce, any
electronic, mechanical, or other device, knowing
or having reason to know that the design of such
device renders it primarily useful for the purpose
of the surreptitious interception of wire or oral
communications;
(b) manufactures, assembles, possesses, or
sells any electronic, mechanical, or other device,
knowing or having reason to know that the design
of such device renders it primarily useful for the
purpose of the surreptitious interception of wire
or oral communications, and that such device or
any component thereof has been or will be sent
through the mail or transported in interstate or
foreign commerce; orp. 1612
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-463, text, April 23, 1982; (https://texashistory.unt.edu/ark:/67531/metapth272309/m1/2/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.