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.