Defensas frente a la Geistcepción Ilegal de Comunicaciones

(c) It is an affirmative defense to prosecution under Subsection (b) that: (1) an operator of a switchboard or an officer, employee, or agent of a communication common carrier whose facilities are used in the transmission of a wire or electronic communication intercepts a communication or discloses or uses an intercepted communication in the normal course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of the communication, unless the interception results from the communication common carrier's use of service observing or random monitoring for purposes other than mechanical or service quality control checks; (2) an officer, employee, or agent of a communication common carrier provides information, facilities, or technical assistance to an investigative or law enforcement officer who is authorized as provided by this section to intercept a wire, oral, or electronic communication; (3) a person acting under color of law intercepts: (A) a wire, oral, or electronic communication, if the person is a party to the communication or if one of the parties to Statute text rendered on: 1/1/2025 - 73 - PENAL CODE the communication has given prior consent to the interception; (B) a wire, oral, or electronic communication, if the person is acting under the authority of Chapter 18A, Code of Criminal Procedure; or (C) a wire or electronic communication made by a computer trespasser