Tex. Penal Code § 16.02
§ 16.02. Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications
(a)
In this section, "computer trespasser," "covert entry," "communication common carrier," "contents,"
"electronic communication," "electronic, mechanical, or other device," "immediate life-threatening situation,"
"intercept," "investigative or law enforcement officer," "member of a law enforcement unit specially trained
to respond to and deal with life-threatening situations," "oral communication," "protected computer," "readily
accessible to the general public," and "wire communication" have the meanings given those terms in Article
18.20, Code of Criminal Procedure.
(b)
A person commits an offense if the person:
(1)
intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor
to intercept a wire, oral, or electronic communication;
(2)
intentionally discloses or endeavors to disclose to another person the contents of a wire, oral, or
electronic communication if the person knows or has reason to know the information was obtained through the
interception of a wire, oral, or electronic communication in violation of this subsection;
(3)
intentionally uses or endeavors to use the contents of a wire, oral, or electronic communication if the
person knows or is reckless about whether the information was obtained through the interception of a wire,
oral, or electronic communication in violation of this subsection;
(4)
knowingly or intentionally effects a covert entry for the purpose of intercepting wire, oral, or
electronic communications without court order or authorization; or
(5)
intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any
electronic, mechanical, or other device to intercept any oral communication when the device:
(A)
is affixed to, or otherwise transmits a signal through a wire,
cable, or other connection used in wire communications; or
(B)
transmits communications by radio or interferes with the
transmission of communications by radio.
(c)
It is an affirmative defense to prosecution under Subsection (b) that:
(1)
an operator of a switchboard or an officer, employee, or agent of a communication common carrier whose
facilities are used in the transmission of a wire or electronic communication intercepts a communication or
discloses or uses an intercepted communication in the normal course of employment while engaged in an activity
that is a necessary incident to the rendition of service or to the protection of the rights or property of the
carrier of the communication, unless the interception results from the communication common carrier's use of
service observing or random monitoring for purposes other than mechanical or service quality control checks;
(2)
an officer, employee, or agent of a communication common carrier provides information, facilities, or
technical assistance to an investigative or law enforcement officer who is authorized as provided by this
section to intercept a wire, oral, or electronic communication;
(3)
a person acting under color of law intercepts:
(A)
a wire, oral, or electronic communication, if the person is a
party to the communication or if one of the parties to the
communication has given prior consent to the interception;
(B)
a wire, oral, or electronic communication, if the person is
acting under the authority of Article 18.20, Code of Criminal
Procedure; or
(C)
a wire or electronic communication made by a computer trespasser
and transmitted to, through, or from a protected computer, if:
(i)
the interception did not acquire a communication other than one
transmitted to or from the computer trespasser;
(ii)
the owner of the protected computer consented to the
interception of the computer trespasser's communications on the
protected computer; and
(iii)
actor was lawfully engaged in an ongoing criminal
investigation and the actor had reasonable suspicion to believe
that the contents of the computer trespasser's communications
likely to be obtained would be material to the investigation;
(4)
a person not acting under color of law intercepts a wire, oral, or electronic communication, if:
(A)
the person is a party to the communication; or
(B)
one of the parties to the communication has given prior consent
to the interception, unless the communication is intercepted for the
purpose of committing an unlawful act;
(5)
a person acting under color of law intercepts a wire, oral, or electronic communication if:
(A)
oral or written consent for the interception is given by a
magistrate before the interception;
(B)
an immediate life-threatening situation exists;
(C)
the person is a member of a law enforcement unit specially
trained to:
(i)
respond to and deal with life-threatening situations; or
(ii)
install electronic, mechanical, or other devices; and
(D)
the interception ceases immediately on termination of the
life-threatening situation;
(6)
an officer, employee, or agent of the Federal Communications Commission intercepts a communication
transmitted by radio or discloses or uses an intercepted communication in the normal course of employment and
in the discharge of the monitoring responsibilities exercised by the Federal Communications Commission in the
enforcement of Chapter 5, Title 47, United States Code; [FN1]
(7)
a person intercepts or obtains access to an electronic communication that was made through an
electronic communication system that is configured to permit the communication to be readily accessible to the
general public;
(8)
a person intercepts radio communication, other than a cordless telephone communication that is
transmitted between a cordless telephone handset and a base unit, that is transmitted:
(A)
by a station for the use of the general public;
(B)
to ships, aircraft, vehicles, or persons in distress;
(C)
by a governmental, law enforcement, civil defense, private land
mobile, or public safety communications system that is readily
accessible to the general public, unless the radio communication is
transmitted by a law enforcement representative to or from a mobile
data terminal;
(D)
by a station operating on an authorized frequency within the
bands allocated to the amateur, citizens band, or general mobile
radio services; or
(E)
by a marine or aeronautical communications system;
(9)
a person intercepts a wire or electronic communication the transmission of which causes harmful
interference to a lawfully operating station or consumer electronic equipment, to the extent necessary to
identify the source of the interference;
(10)
a user of the same frequency intercepts a radio communication made through a system that uses
frequencies monitored by individuals engaged in the provision or the use of the system, if the communication
is not scrambled or encrypted; or
(11)
a provider of electronic communications service records the fact that a wire or electronic
communication was initiated or completed in order to protect the provider, another provider furnishing service
towards the completion of the communication, or a user of that service from fraudulent, unlawful, or abusive
use of the service.
(d)
A person commits an offense if the person:
(1)
intentionally manufactures, assembles, possesses, or sells an electronic, mechanical, or other device
knowing or having reason to know that the device is designed primarily for nonconsensual interception of wire,
electronic, or oral communications and that the device or a component of the device has been or will be used
for an unlawful purpose; or
(2)
places in a newspaper, magazine, handbill, or other publication an advertisement of an electronic,
mechanical, or other device:
(A)
knowing or having reason to know that the device is designed
primarily for nonconsensual interception of wire, electronic, or oral
communications;
(B)
promoting the use of the device for the purpose of nonconsensual
interception of wire, electronic, or oral communications; or
(C)
knowing or having reason to know that the advertisement will
promote the use of the device for the purpose of nonconsensual
interception of wire, electronic, or oral communications.
(e)
It is an affirmative defense to prosecution under Subsection (d) that the manufacture, assembly,
possession, or sale of an electronic, mechanical, or other device that is designed primarily for the purpose
of nonconsensual interception of wire, electronic, or oral communication is by:
(1)
a communication common carrier or a provider of wire or electronic communications service or an
officer, agent, or employee of or a person under contract with a communication common carrier or provider
acting in the normal course of the provider's or communication carrier's business;
(2)
an officer, agent, or employee of a person under contract with, bidding on contracts with, or doing
business with the United States or this state acting in the normal course of the activities of the United
States or this state;
(3)
a member of the Department of Public Safety who is specifically trained to install wire, oral, or
electronic communications intercept equipment; or
(4)
a member of a local law enforcement agency that has an established unit specifically designated to
respond to and deal with life-threatening situations.
(f)
An offense under this section is a felony of the second degree, unless the offense is committed under
Subsection (d) or (g), in which event the offense is a state jail felony.
(g)
A person commits an offense if, knowing that a government attorney or an investigative or law
enforcement officer has been authorized or has applied for authorization to intercept wire, electronic, or
oral communications, the person obstructs, impedes, prevents, gives notice to another of, or attempts to give
notice to another of the interception.
(h)
This section expires September 1, 2005, and shall not be in force on and after that date.
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