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Legal Information: Texas

Statutes: Texas

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Updated: 
April 10, 2018

§ 33.024. Unlawful Decryption

(a) A person commits an offense if the person intentionally decrypts encrypted private information through deception and without a legitimate business purpose.
(b) Subject to Subsections (b-1) and (b-2), an offense under this section is a Class C misdemeanor.
(b-1) Subject to Subsection (b-2), if it is shown on the trial of the offense that the defendant acted with the intent to defraud or harm another, an offense under this section is:
(1) a Class C misdemeanor if the value of the aggregate amount involved is less than $100 or cannot be determined;
(2) a Class B misdemeanor if the value of the aggregate amount involved is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the aggregate amount involved is $750 or more but less than $2,500;
(4) a state jail felony if the value of the aggregate amount involved is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the value of the aggregate amount involved is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the aggregate amount involved is $150,000 or more but less than $300,000; and
(7) a felony of the first degree if the value of the aggregate amount involved is $300,000 or more.
(b-2) If it is shown on the trial of the offense that the defendant knowingly decrypted privileged information, an offense under this section is:
(1) a state jail felony if the value of the aggregate amount involved is less than $2,500;
(2) a felony of the third degree if:
(A) the value of the aggregate amount involved is $2,500 or more but less than $30,000; or
(B) a client or patient of a victim suffered harm attributable to the offense;
(3) a felony of the second degree if:
(A) the value of the aggregate amount involved is $30,000 or more but less than $150,000; or
(B) a client or patient of a victim suffered bodily injury attributable to the offense; and
(4) a felony of the first degree if:
(A) the value of the aggregate amount involved is $150,000 or more; or
(B) a client or patient of a victim suffered serious bodily injury or death attributable to the offense.
(c) It is a defense to prosecution under this section that the actor's conduct was pursuant to an agreement entered into with the owner for the purpose of:
(1) assessing or maintaining the security of the information or of a computer, computer network, or computer system; or
(2) providing other services related to security.
(d) A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.