Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications)
Texas's interception offence and one-party consent rule for recording calls and conversations (Penal Code s. 16.02), with the carrier defences, device offences and the obstruction offence.
Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) is a compliance framework from United States (Texas) with 4 domains and 8 controls. The largest domains are 16.02(b) Interception, disclosure and use offences – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) (3 controls), 16.02(c) Affirmative defences, including one-party consent – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) (2 controls), 16.02(d), (e), (e-1) Interception devices – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) (2 controls). Every control below carries what it requires and what an assessor expects to see.
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Framework Domains (4)
16.02(b) Interception, disclosure and use offences – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications)
| Code | Title |
|---|---|
| texas-penal-code-section-16-02-unlawful-interception-use-or-disclosure-of-wire-oral-or-electronic-communications::16.02(b)(1) | 16.02(b)(1) Do not intentionally intercept, or procure another to intercept, a wire, oral or electronic communication |
| texas-penal-code-section-16-02-unlawful-interception-use-or-disclosure-of-wire-oral-or-electronic-communications::16.02(b)(2)-(3) | 16.02(b)(2) and (3) Do not disclose or use the contents of a communication known or suspected to have been unlawfully intercepted |
| texas-penal-code-section-16-02-unlawful-interception-use-or-disclosure-of-wire-oral-or-electronic-communications::16.02(b)(4)-(5) | 16.02(b)(4) and (5) No covert entry to intercept, and no interception device on wires or radio links to capture oral communications |
16.02(c) Affirmative defences, including one-party consent – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications)
| Code | Title |
|---|---|
| texas-penal-code-section-16-02-unlawful-interception-use-or-disclosure-of-wire-oral-or-electronic-communications::16.02(c)(1)-(2) | 16.02(c)(1) and (2) Carriers and switchboard operators: intercept only as a necessary incident of service or protection of the carrier's property, not by random service observing |
| texas-penal-code-section-16-02-unlawful-interception-use-or-disclosure-of-wire-oral-or-electronic-communications::16.02(c)(4) | 16.02(c)(4) Private persons: intercept or record only as a party or with one party's prior consent, and never to commit an unlawful act |
16.02(d), (e), (e-1) Interception devices – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications)
| Code | Title |
|---|---|
| texas-penal-code-section-16-02-unlawful-interception-use-or-disclosure-of-wire-oral-or-electronic-communications::16.02(d)(1) | 16.02(d)(1) Do not manufacture, assemble, possess or sell devices designed primarily for nonconsensual interception knowing they will be used unlawfully |
| texas-penal-code-section-16-02-unlawful-interception-use-or-disclosure-of-wire-oral-or-electronic-communications::16.02(d)(2) | 16.02(d)(2) Do not advertise devices designed primarily for nonconsensual interception or promote their use for it |
16.02(f), (g), (h) Penalties and obstruction – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications)
| Code | Title |
|---|---|
| texas-penal-code-section-16-02-unlawful-interception-use-or-disclosure-of-wire-oral-or-electronic-communications::16.02(g) | 16.02(g) Do not obstruct, impede or give notice of an authorised or applied-for interception |
What is Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) and who does it apply to?
Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) is a compliance framework from United States (Texas) with 4 domains and 8 controls. Texas's interception offence and one-party consent rule for recording calls and conversations (Penal Code s. 16.02), with the carrier defences, device offences and the obstruction offence. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) actually require?
Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) has 8 controls organised across 4 domains. The largest domains are 16.02(b) Interception, disclosure and use offences – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) (3 controls), 16.02(c) Affirmative defences, including one-party consent – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) (2 controls), 16.02(d), (e), (e-1) Interception devices – Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) (2 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) do I already cover?
Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) does not currently have cross-framework mappings in our system. Check back as we continuously expand our mapping database.
How do I implement Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications)?
Start your Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about Texas Penal Code Section 16.02 (Unlawful Interception, Use or Disclosure of Wire, Oral or Electronic Communications) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 8 controls and track your progress.
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