The Illegal Divulgence of Public Communications crime in the state of Texas makes it illegal for providers of an electronic communications service to share the personal communications of others. Learn more detailed information about the Illegal Divulgence of Public Communications offense below.

Illegal Divulgence of Public Communications is classified in the Texas Penal Code under Title 4 “Inchoate Offenses,” Chapter 16 “Criminal Instruments, Interception of Wire or Oral Communication, and Installation of Tracking Device.”

What is the current Texas law about Illegal Divulgence of Public Communications?

The current Texas law defines the offense of Illegal Divulgence of Public Communications in Penal Code Section §16.05 as follows:^[1]

(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.

How can I be charged with Illegal Divulgence of Public Communications?

You can be charged with Illegal Divulgence of Public Communications if the state’s attorneys believe that each of the elements of 16.05 as described in the section above have been met.

What is the punishment for Illegal Divulgence of Public Communications?

A conviction for Illegal Divulgence of Public Communications can be punished anywhere from a Class C misdemeanor to a state jail felony, depending on the circumstances.^[2]

---

Legal References:

^1. Texas Penal Code §16.05^2. Texas Penal Code §16.05(d)&(e)

(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.