You can be arrested for labeling if you are alleged to be involved in “bootlegging” video or audio recordings. Items covered under the labeling statute include CD’s, DVD’s, Blu-ray disks, etc. Additionally, you can not only be charged with labeling if you sell unauthorized recordings, but also if you rent, transport, or cause any such unauthorized recordings to be transported, rented or sold for financial gain.
Likewise, you can be charged with labeling if you possess these unauthorized recordings, with the intent to rent, transport, or sell for financial gain. Labeling can get you prison time and can result in unbelievably stiff fines. The seriousness of any allegation involving labeling depends upon the number of items alleged to be involved, as well as whether or not you’ve previously been convicted under the labeling statute. If the number of “bootlegged” items is more than 7, but less than 65, you can receive up to a year in the county jail, and a fine of up to $25,000.
The Fine Structure For Those Accused Of Labeling
Thus, even if you’re alleged to have sold SEVEN bogus DVD’s, you could be subject to this penalty! Given that the maximum fine for murder is $10,000, the fine structure for those accused of labeling is shockingly harsh. And if you’re accused of bootlegging 65 or more items, or you’ve been previously convicted of labeling, you could receive up to 5 years in prison, and a fine of up to $250,000! If you’ve been arrested for labeling, you need serious legal representation. You should call the Dallas labeling attorneys at Berlof & Newton, P.C. Each of our Dallas labeling attorneys has over 15 years of experience in the practice of criminal defense law.
Call us today at 214.827.2800, or contact one of our attorneys directly using the “Get Legal Help Now!” form in the left margin of this web page. Se habla español. Texas Business and Commerce Code Section 641.054. LABELING. (a) A person commits an offense if: (1) for commercial advantage or private financial gain, the person knowingly: (A) advertises, offers for sale, sells, rents, or transports a recording; (B) causes the sale, resale, rental, or transportation of a recording; or (C) possesses a recording for a purpose described by Paragraph (A) or (B); and (2) the outside cover, box, or jacket of the recording does not clearly and conspicuously disclose:
(A) the actual name and address of the manufacturer; and (B) the name of the performer or group. (b) An offense under this section is punishable by: (1) imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both, if: (A) the offense involves at least 65 unauthorized recordings during a 180-day period; or (B) the defendant has been previously convicted under this section; (2) imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both, if the offense involves more than seven but fewer than 65 unauthorized recordings during a 180-day period; or (3) confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both, if the offense is not otherwise punishable under Subdivision (1) or (2).
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