Illegal Divulgence of Public Communications

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Illegal divulgence of public communications is a state jail felony when a person who provides electronic communications service to the public knowingly divulges the contents of a private scrambled or encrypted radio communication to someone other than the intended recipient. If one who offers electronic communications service to the public knowingly divulges the contents of a private, unscrambled or encrypted radio communication to someone other than its intended recipient, for benefit, the offense is a Class C Misdemeanor if the communication is a public land mobile radio service communication or paging service communication, and is a Class A Misdemeanor if it is not.

Statute(s)

§ 16.05. ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS.

(a) In this section, "electronic communication," "electronic communications service," and "electronic communications system" have the meanings given those terms in Article 18.20, 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(f) Repealed by Acts 1997, 75th Leg., ch. 1051, § 13, eff. Sept. 1, 1997.

Added by Acts 1989, 71st Leg., ch. 1166, § 17, eff. Sept. 1, 1989. Renumbered from Penal Code § 16.04 by Acts 1990, 71st Leg., 6th C.S., ch. 12, § 2(24), eff. Sept. 6, 1990. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1051, § 12, 13, eff. Sept. 1, 1997.

Caselaw

Collateral Consequences

See Felony Conviction

Notes

The statute gives affirmative defenses for authorized divulgence, and for divulgences that reasonably appear to pertain to the commission of a crime.
Discuss this article with the Law Office of Alison Grinter.