Texas Penal Code 33.024 – Unlawful Decryption

WHAT IS UNLAWFUL DECRYPTION IN TEXAS?

The Texas law against unlawful decryption prohibits decoding private, encrypted information through deception, and without a legitimate business purpose.

• What is decryption? Texas Penal Code Section 33.01 defines “decryption” as the decoding of encrypted communications or information, whether by use of a decryption key, by breaking an encryption formula or algorithm, or by the interference with a person’s use of an encryption service in a manner that causes information or communications to be stored or transmitted without encryption.

  Sensitive information is “encrypted,” or converted into code or ciphertext, to protect it from unauthorized access. Decryption is the conversion of data back into its original plaintext form.

WHAT IS THE UNLAWFUL DECRYPTION LAW IN TEXAS?

Tex. Penal Code § 33.024. UNLAWFUL DECRYPTION.

(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.

(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.

WHAT IS THE PENALTY CLASS FOR UNLAWFUL DECRYPTION IN TEXAS?

The penalty classification for unlawful decryption depends on whether the person obtains benefits or causes the victim to incur losses, whether the information restricted was privileged, and the aggregate amount of benefits obtained or losses incurred.

• Class C misdemeanor, punishable by up to a $500 fine, if:
  • the aggregate amount involved is less than $100; or
  • there is no benefit or loss, or the aggregate amount cannot be determined;
• Class B misdemeanor, punishable by up to 180 days in jail, if:
  • the aggregate amount involved is $100 or more but less than $750;
• Class A misdemeanor, punishable by up to one year in jail, if:
  • the aggregate amount involved is $750 or more but less than $2,500;
• State jail felony, punishable by 180 days to two years in a state jail facility, if:
  • the aggregate amount involved is $2,500 or more but less than $30,000; or
  • the person decrypted privileged information, and the aggregate amount involved is less than $2,500;
• Third degree felony, punishable by two to ten years in prison, if:
  • the aggregate amount involved is $30,000 or more but less than $150,000; or
  • the person decrypted privileged information, and:
    • the aggregate amount involved is $2,500 or more but less than $30,000; or
    • a client or patient suffered harm as a result;
• Second degree felony, punishable by two to 20 years in prison, if:
  • the aggregate amount involved is $150,000 or more but less than $300,000; or
  • the person decrypted privileged information, and:
    • the aggregate amount involved is $30,000 or more but less than $150,000; or
    • a client or patient suffered bodily injury as a result;
• First degree felony, punishable by five to 99 years in prison, if:
  • the aggregate amount involved is $300,000 or more; or
  • the person decrypted privileged information, and:
    • the aggregate amount involved is $150,00 or more; or
    • a client or patient suffered serious bodily injury or death as a result.

WHAT IS THE PUNISHMENT RANGE FOR UNLAWFUL DECRYPTION IN TEXAS?

The punishment range for unlawful decryption depends on the conduct, and aggregate amount of damage caused by the offense. The punishment ranges are:

• First degree felony: five to 99 years or life in prison, maximum $10,000 fine;
• Second degree felony: two to 20 years in prison, maximum $10,000 fine;
• Third degree felony: two to ten years in prison, maximum $10,000 fine;
• State jail felony: 180 days to two years in a state jail facility, maximum $10,000 fine;
• Class A misdemeanor: up to one year in jail, maximum $4,000 fine;
• Class B misdemeanor: up to 180 days in jail, maximum $2,000 fine;
• Class C misdemeanor: maximum $500 fine.

WHAT ARE THE PENALTIES FOR UNLAWFUL DECRYPTION IN TEXAS?

A person charged with unlawful decryption may be eligible for probation after a conviction, or deferred adjudication without a conviction. If charged with a first degree or second degree felony, the period of community supervision may not exceed ten years. The probation range for a third degree felony unlawful decryption charge is two to five years, and the deferred adjudication period may not exceed ten years.

A person charged with unlawful decryption as a state jail felony may be placed on community supervision for a period between two and five years, with the possibility of extending supervision for up to ten years.

The period of community supervision for Class A and Class B misdemeanor unlawful decryption charges may not exceed two years, and a person may be placed on deferred adjudication for up to 180 days if charged with a Class C misdemeanor.

WHAT ARE THE DEFENSES TO UNLAWFUL DECRYPTION IN TEXAS?

The statute authorizes a defense to unlawful decryption if the person’s conduct was pursuant to an agreement entered into with the owner for the purpose of assessing or maintaining the security of the network or system, or for providing other security-related service.

WHAT IS THE STATUTE OF LIMITATIONS FOR UNLAWFUL DECRYPTION IN TEXAS?

The limitation period for unlawful decryption classified as a misdemeanor is two years. If the offense is a felony, the limitation period is three years.

UNLAWFUL DECRYPTION IN TEXAS

The Texas Legislature enacted the law against unlawful decryption in 2017 as part of the Texas Cybercrime Act in response to the rise of cybercrime. Accessing and decrypting private information without permission may be punished as any grade of offense in Texas, depending on the benefits obtained or loss incurred by the victim.