(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.

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.