Sec. 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT OR MECHANICAL SECURITY DEVICE. (a) A person commits an offense if:
(1) the person possesses a criminal instrument or mechanical security device with the intent to use the instrument or device in the commission of an offense; or
(2) with knowledge of its character and with the intent to use a criminal instrument or mechanical security device or aid or permit another to use the instrument or device in the commission of an offense, the person manufactures, adapts, sells, installs, or sets up the instrument or device.
(b) For the purpose of this section:
(1) "Criminal instrument" means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.
(2) "Mechanical security device" means a device designed or manufactured for use by a locksmith to perform services for a customer who seeks entry to a structure, motor vehicle, or other property.
(c) An offense under Subsection (a)(1) is one category lower than the offense intended. An offense under Subsection (a)(2) is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 7, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 814 (H.B. 2577), Sec. 1, eff. September 1, 2011.
Notes of Decisions
Cited in
25
cases, 1976–2019 · leading case:
Ariel Medina v. State, 411 S.W.3d 15 (Tex. App.—Houston [14th Dist.] 2013).
Ariel Medina v. State, 411 S.W.3d 15 (Tex. App.—Houston [14th Dist.] 2013).
· cites it 2× “” See Tex. Pen.Code Ann. § 16.01(a)(1), (c). When analyzing legal sufficiency, we must keep in mind that jurors are permitted to “freely read statutory language to have any meaning which is acceptable in common parlance.”
Harris v. State, 790 S.W.2d 778 (Tex. App. 1990).
· cites it 3× “Appellant was charged with the offense of unlawful use of a criminal instrument under Tex.Penal Code Ann. § 16.01. Section 16.01(b) defines a “criminal instrument” as “anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially…”
Danzi, Joshua Van v. State, 101 S.W.3d 786 (Tex. App.—El Paso 2003).
· cites it 3× “(b) For the purpose of this section, ‘criminal instrument’ means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.”
Ex parte Andrews, 814 S.W.2d 839 (Tex. App.—Houston [1st Dist.] 1991).
· cites it 3× “Believing their indictments fatally defective for failure to allege an offense, and also complaining that Tex. Penal Code Ann. § 16.01 (Vernon Supp.”
State v. Mullens, 650 S.E.2d 169 (W. Va. 2007).
“21 (2005) & Tex. Pen. Code § 16.01, et seq. (2003); Utah Code § 77-23a-1, et seq.”
Janjua v. State, 991 S.W.2d 419 (Tex. App.—Houston [14th Dist.] 1999).
· cites it 2× “See Tex. Pen.Code Ann. § 16.01 (Vernon 1994).”
Butler v. Dexter, 425 U.S. 262 (1976).
“1 Texas Penal Code Ann. § 16.01 (1974): “Unlawful Use of Criminal Instrument “(a) A person commits an offense if: “(1) he possesses a criminal instrument with intent to use it in the commission of an offense; or “(2) with knowledge of its character and with intent to use or aid…”
Chopps Jr., Alonzo v. State, 79 S.W.3d 258 (Tex. App.—Houston [14th Dist.] 2002).
· cites it 3× “However, the issue in that case was whether a bicycle lock was a A criminal instrument @ under Texas Penal Code section 16.01. See Tex. Pen.”
Eodice v. State, 742 S.W.2d 844 (Tex. App.—Austin 1987).
“Tex.Pen.Code Ann. § 16.01 (Supp.1987). 1 The only issue on appeal is the sufficiency of the evidence to sustain the conviction.”
Brown v. Barlow, 685 S.W.2d 406 (Tex. App.—San Antonio 1985).
“Judge Barlow’s order found that the pads and papers were criminal instruments and contraband as defined by TEX.PENAL CODE ANN. § 16.01(b) (Vernon Supp.”
Tex. Penal Code § 16.01(a): 1 case
Tex. Penal Code § 16.01(a)(1): 4 cases
Ariel Medina v. State, 411 S.W.3d 15 (Tex. App.—Houston [14th Dist.] 2013).
“” See Tex. Pen.Code Ann. § 16.01(a)(1), (c). When analyzing legal sufficiency, we must keep in mind that jurors are permitted to “freely read statutory language to have any meaning which is acceptable in common parlance.”
Danzi, Joshua Van v. State, 101 S.W.3d 786 (Tex. App.—El Paso 2003).
“(b) For the purpose of this section, ‘criminal instrument’ means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.”
Tex. Penal Code § 16.01(a)(2): 2 cases
Ariel Medina v. State, 411 S.W.3d 15 (Tex. App.—Houston [14th Dist.] 2013).
“” See Tex. Pen.Code Ann. § 16.01(a)(1), (c). When analyzing legal sufficiency, we must keep in mind that jurors are permitted to “freely read statutory language to have any meaning which is acceptable in common parlance.”
Tex. Penal Code § 16.01(b): 4 cases
Harris v. State, 790 S.W.2d 778 (Tex. App. 1990).
“Appellant was charged with the offense of unlawful use of a criminal instrument under Tex.Penal Code Ann. § 16.01. Section 16.01(b) defines a “criminal instrument” as “anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially…”
Brown v. Barlow, 685 S.W.2d 406 (Tex. App.—San Antonio 1985).
“Judge Barlow’s order found that the pads and papers were criminal instruments and contraband as defined by TEX.PENAL CODE ANN. § 16.01(b) (Vernon Supp.”
Chopps Jr., Alonzo v. State, 79 S.W.3d 258 (Tex. App.—Houston [14th Dist.] 2002).
“However, the issue in that case was whether a bicycle lock was a A criminal instrument @ under Texas Penal Code section 16.01. See Tex. Pen.”
Tex. Penal Code § 16.01(b)(1): 1 case
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