UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE DEVICE.
A person commits an offense if the person knowingly installs or uses a pen register or trap and trace device to record or decode electronic or other impulses for the purpose of identifying telephone numbers dialed or otherwise transmitted on a telephone line.
It is an affirmative defense to prosecution that the actor is:
- an officer, employee, or agent of a communication common carrier and the actor installs or uses a device or equipment to record a number dialed from or to a telephone instrument in the normal course of business of the carrier for purposes of: protecting property or services provided by the carrier; or assisting another who the actor reasonably believes to be a peace officer authorized to install or use a pen register or trap and trace device
- an officer, employee, or agent of a lawful enterprise and the actor installs or uses a device or equipment while engaged in an activity that: is a necessary incident to the rendition of service or to the protection of property of or services provided by the enterprise; and is not made for the purpose of gathering information for a law enforcement agency or private investigative agency, other than information related to the theft of communication or information services provided by the enterprise; or a person authorized to install or use a pen register or trap and trace device
- An offense under this section is a state jail felony.
UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
A person commits an offense if the person obtains, alters, or prevents authorized access to a wire or electronic communication while the communication is in electronic storage by:
- intentionally obtaining access without authorization to a facility through which a wire or electronic communications service is provided;
- intentionally exceeding an authorization for access to a facility through which a wire or electronic communications service is provided.
ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS.
- 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.
- It is an affirmative defense to prosecution that the actor divulged the contents of the communication: as authorized by federal or state law;
- to a person employed, authorized, or whose facilities are used to forward the communication to the communication’s destination; or
- to a law enforcement agency if the contents reasonably appear to pertain to the commission of a crime.
UNLAWFUL INSTALLATION OF TRACKING DEVICE.
“Electronic or mechanical tracking device” means a device capable of emitting an electronic frequency or other signal that may be used by a person to identify, monitor, or record the location of another person or object.
A person commits an offense if the person knowingly installs an electronic or mechanical tracking device on a motor vehicle owned or leased by another person.
This section does not apply to a peace officer who installed the device in the course of a criminal investigation or pursuant to an order of a court to gather information for a law enforcement agency.
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