Texas Codes

Tex. Penal Code § 16.03 (2026)

Unlawful Use Of Pen Register Or Trap And Trace Device

✓ current as of May 2026

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Sec. 16.03. UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE. (a) 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.

(b) In this section:

(1) "Authorized peace officer," "pen register," and "trap and trace device" have the meanings assigned by Article 18B.001, Code of Criminal Procedure.

(2) "Communication common carrier" has the meaning assigned by Article 18A.001, Code of Criminal Procedure.

(1) 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:

(A) protecting property or services provided by the carrier; or

(B) 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 under Chapter 18B, Code of Criminal Procedure;

(2) 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:

(A) is a necessary incident to the rendition of service or to the protection of property of or services provided by the enterprise; and

(B) 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

(3) a person authorized to install or use a pen register or trap and trace device under Chapter 18B, Code of Criminal Procedure.

(d) An offense under this section is a state jail felony.

Added by Acts 1985, 69th Leg., ch. 587, Sec. 6, eff. Aug. 26, 1985. Amended by Acts 1989, 71st Leg., ch. 958, Sec. 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1051, Sec. 10, eff. Sept. 1, 1997.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.02, eff. January 1, 2019.

Notes of Decisions

Cited in 6 cases, 1999–2015 · leading case: McArthur v. State, 1 S.W.3d 323 (Tex. App. 1999).

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McArthur v. State, 1 S.W.3d 323 (Tex. App. 1999). “See Tex. Penal Code Ann. § 16.03 (Vernon 1994 & Supp.”

John Bailey Lasater v. State (Tex. App. 2006). · cites it 2× “In his sole issue, he contends that the trial court erred by denying his motion to suppress evidence obtained during what he contends was an individual's criminal trespass in his home.”

John Bailey Lasater v. State (Tex. App. 2006). · cites it 2× “1 See Tex. Pen. Code Ann. § 16.03 (West 2003). After his motion to suppress was denied, he pleaded guilty and was sentenced to twenty months’ confinement.”

Rhoades, Dustin Ryan (Tex. App. 2015). · cites it 2× “02(c)(8)(C) 18 TEX. PENAL CODE ANN. § 16.03 (c)(3) 18 TEX.”

John Bailey Lasater v. State (Tex. App. 2007). “Tex. Penal Code Ann. § 16.03 (West 2003).”

— Tex. Penal Code § 16.03(c)(3) — 1 case

Rhoades, Dustin Ryan (Tex. App. 2015). “02(c)(8)(C) 18 TEX. PENAL CODE ANN. § 16.03 (c)(3) 18 TEX.”

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