(b) 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.

(c) It is an affirmative defense to prosecution under Subsection (b) that the actor divulged the contents of the communication:

(1) as authorized by federal or state law;

(2) to a person employed, authorized, or whose facilities are used to forward the communication to the communication's destination; or

(3) to a law enforcement agency if the contents reasonably appear to pertain to the commission of a crime.

(d) Except as provided by Subsection (e), an offense under Subsection (b) that involves a scrambled or encrypted radio communication is a state jail felony.

(e) If committed for a tortious or illegal purpose or to gain a benefit, an offense under Subsection (b) that involves a radio communication that is not scrambled or encrypted:

(1) is a Class A misdemeanor if the communication is not a public land mobile radio service communication or a paging service communication; or

(2) is a Class C misdemeanor if the communication is a public land mobile radio service communication or a paging service communication.

(b) Except as provided by Subsection (c), a person who provides electronic communications service to the public commits an offense if he intentionally divulges the contents of a communication, other than a communication to that person or that person's agent, while the communication is in transmission on that service, to any person other than the addressee or the intended recipient of the communication or the addressee's or intended recipient's agent.

(c) A person who provides electronic communications service to the public may divulge the contents of a communication:

(1) as authorized by federal or state law;

(2) to a person employed, authorized, or whose facilities are used to forward the communication to the communication's destination; or

(3) to a law enforcement agency if the contents were obtained by the service provider and the contents appear to pertain to the commission of a crime.

(d) Except as provided by Subsections (e) and (f), an offense under Subsection (b) is a state jail felony.

(e) If committed for a tortious or illegal purpose or to gain a benefit, an offense under Subsection (b) that involves a radio communication that is not scrambled or encrypted:

(1) is a Class A misdemeanor if the communication is not the radio portion of a cellular telephone communication, a public land mobile radio service communication, or a paging service communication; or

(2) is a Class C misdemeanor if the communication is the radio portion of a cellular telephone communication, a public and mobile radio service or communication or a paging service communication.

(f)(1) A person who engages in conduct constituting an offense under Subsection (b) that is not for a tortious or illegal purpose or for the purpose of direct or indirect commercial advantage or private commercial gain and involves a radio communication that is transmitted on frequencies allocated under Subpart D or Part 74 of the rules of the Federal Communications Commission and that is not scrambled or encrypted shall be subject to suit by the federal or state government in a court of competent jurisdiction for appropriate injunctive relief. If it is shown on the trial of the civil suit that the defendant has been convicted of an offense under Subsection (b) or that the defendant has been found liable in a civil action under Article 18.20, Code of Criminal Procedure, in addition to granting injunctive relief the court shall impose a civil penalty of $500 on the defendant.

(2) A court may use any means within the court's authority to enforce an injunction issued under Subdivision (1) and shall impose a fine as for contempt of court of not less than $500 for each violation of the injunction.