Tex. Penal Code § 16.05
This is the official text of Tex. Penal Code § 16.05, part of Texas’s Penal Code — defines crimes and punishments in Texas.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 16.05. ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS.
Official statutory text
(a) In this section, "electronic communications service" has the meaning assigned by Article 18A.001, 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(f) Repealed by Acts 1997, 75th Leg., ch. 1051, Sec. 13, eff. Sept. 1, 1997.
(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, Sec. 13, eff. Sept. 1, 1997.
Status: repealed · Read it on the official government site
Dealing with a criminal defense matter in Texas?
See all Texas Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.