Texas Code of Criminal Procedure 58.107 – Offense
(a) A public servant commits an offense if the public servant:
(1) has access to the name, address, or telephone number of a victim 17 years of age or older who has chosen a pseudonym under this subchapter; and
(2) knowingly discloses the name, address, or telephone number of the victim to:
(A) a person who is not assisting in the investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant’s attorney; or
(iii) the person specified in the order of a court.
(b) Unless the disclosure is required or permitted by other law, a public servant or other person commits an offense if the person:
(1) has access to or obtains the name, address, or telephone number of a victim younger than 17 years of age; and
(2) knowingly discloses the name, address, or telephone number of the victim to:
(A) a person who is not assisting in the investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant’s attorney; or
(iii) a person specified in an order of a court.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Code of Criminal Procedure 58.107
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) It is an affirmative defense to prosecution under Subsection (b) that the actor is:
(1) the victim; or
(2) the victim’s parent, conservator, or guardian, unless the actor is a defendant in the case.
(d) It is an exception to the application of this article that:
(1) the person who discloses the name, address, or telephone number of a victim is the inspector general of the Texas Department of Criminal Justice;
(2) the victim is an inmate or state jail defendant confined in a facility operated by or under contract with the department; and
(3) the person to whom the disclosure is made is an employee of the department or the department’s ombudsperson.
(e) An offense under this article is a Class C misdemeanor.