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November 6, 1961 Honorable Jack Hardee Opinion'No. WW-1186 District Attorney 3rd Judicial District Re: Whether Article 1334 of Athens, Texas the Penal Code applies to third party,wire tapping on telephone lines where a third party taps a telephone and intercepts a conver- sation between two other parties and related Dear Mr. Hardee: questions. You have requested an opinion as follows: "Please give me an opinion as to whether or not wire tapping, that is where a third;party taps a telephone line and intercepts and re- cords a conversation between two other parties, comes under the above article." Article 1334 o.fVernon's Penal Code is as follows: "If any person shall intentionally break, cut, pull or tear down, misplace or in any other manner injure any telegraph or telephone wire, post, machinery, or other necessary appurte- nances to any such line, or in any way wil- fully obstruct or interfere with the trans- mission of messages along such telegraph or telephone line, he shall be confined in the penitentiary not less than two nor more than five years or be fined not less than one hundred nor more than two thousand dollars." The court in Southwestern Telegraph & Telephone Co. v. Priest,
72 S.W. 241(Civ. App. 1903), held: "To constitute an offense under this article 334 V.P.CJ, there must have been a break- P ng, cutting, etc., of some wire, post, machinery, or other necessary appurtenance, Honorable Jack Hardee Page 2 Opinion No. W-1186 in such manner as to interfere with the transmission of messages along the line." It is the opinion of this office that "wire tapping." as you defined it will not constitute a violation of the above Article of the Penal Code in the absence of a willful obst?uztion or interference with the transmission of messages alor.:: such telephone lines. The interception and the record- ing of a conversation between two other parties would not of itself be an obstruction or interference with that conversation. SUMMARY The "tappinzand recording of a telephone conversation does not constitute a willful obstruction or interference with the transmission of messages as to violate Article 1334 of Vernon's Penal Code. Yours very truly, WILL WILSON Attorney General of Texas BY 4 AdA n J. T. Walker Assistant Attorney General JTW:sh APPROVED: OPINION COMMITTEE ::.V. Geppert, Chairman Joseph Trimble Elmer McVey Riley Fletcher RRVIEWED FOR THE ATTOPNEY GENERAL 5y : Houghton Brownlee, Jr.
Document Info
Docket Number: WW-1186
Judges: Will Wilson
Filed Date: 7/2/1961
Precedential Status: Precedential
Modified Date: 2/18/2017