Texas Penal Code 33.024 – Unlawful Decryption
Current as of: 2024 | Check for updates
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(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.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Penal Code 33.024
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Penal Code 1.07
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Harm: means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Penal Code 1.07
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.