Tex.
Penal Code Section 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.
Source:
Section 33.024 — Unlawful Decryption, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.33.htm#33.024 (accessed Apr. 20, 2024).
