Texas Penal Code

§ 16.05 — ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS

PE § 16.05Title 4. INCHOATE OFFENSES · Ch. 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE

Statute text

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(a)In this section, "electronic communications service" has the meaning assigned by Article 18A.001, Code of Criminal Procedure.

(b)A person who provides electronic communications service to the public commits an offense if the person knowingly divulges the contents of a communication to another who is not the intended recipient of the communication.

(c)It is an affirmative defense to prosecution under Subsection (b) that the actor divulged the contents of the communication:

(1)as authorized by federal or state law;

(2)to a person employed, authorized, or whose facilities are used to forward the communication to the communication's destination; or

(3)to a law enforcement agency if the contents reasonably appear to pertain to the commission of a crime.

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.04, eff. January 1, 2019.