The 85th Texas Legislature created a new law in 2017 called Unlawful Decryption, which makes it illegal to decrypt private encrypted information without a legitimate business purpose.

The Unlawful Decryption offense is codified in Title 7, “Offenses Against Property,” Chapter 33, “Computer Crimes,” in the Texas Penal Code.

Learn more information about the Unlawful Decryption offense below.

What is the current Texas law about Unlawful Decryption?

The current Texas law defines the offense of Unlawful Decryption in Penal Code Section §33.024 as follows:^[1]

(a) A person commits an offense if the person intentionally decrypts encrypted private information through deception and without a legitimate business purpose.

This law was created by the 85th Texas Legislature^[2] and was codified at Section 33.024 in the Texas Penal Code.

The Unlawful Decryption law was one of three laws created by in same bill in the 85th Legislature in 2017, the others being Electronic Data Tampering and Electronic Access Interference.

What is the penalty for an Unlawful Decryption conviction?

A conviction for Unlawful Decryption will be punished according to a somewhat complex scheme. By default, the offense is a Class C misdemeanor, but the punishment can be enhanced all the way up to a First Degree Felony.^[3]

Are there any affirmative defenses for Unlawful Decryption?

There is an affirmative defense available that the decryption occurred pursuant to an agreement with the owner of the information.^[4]

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Legal References:

^1. Texas Penal Code §33.024^2. House Bill 9^3. Penal Code §33.024(b), (b-1) and (b-2), as created by House Bill 9, Section 3:

(b) Subject to Subsections (b-1) and (b-2), an offense under this section is a Class C misdemeanor.

(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.

^4. Penal Code §33.024(c), as created by House Bill 9, Section 3:

(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.