Sec. 16.05. ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS. (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. (d) Except as provided by Subsection (e), an offense under Subsection (b) that involves a scrambled or encrypted radio communication is a state jail felony. (e) If committed for a tortious or illegal purpose or to gain a benefit, an offense under Subsection (b) that involves a radio communication that is not scrambled or encrypted: (1) is a Class A misdemeanor if the communication is not a public land mobile radio service communication or a paging service communication; or (2) is a Class C misdemeanor if the communication is a public land mobile radio service communication or a paging service communication. (f) Repealed by Acts 1997, 75th Leg., ch. 1051, Sec. 13, eff. Sept. 1, 1997.
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