CHAPTER 33. COMPUTER CRIMES
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 33. COMPUTER CRIMES
Sec. 33.01. DEFINITIONS. In this chapter:
(1) "Access" means to approach, instruct, communicate with,
store data in, retrieve or intercept data from, alter data or
computer software in, or otherwise make use of any resource of a
computer, computer network, computer program, or computer system.
(2) "Aggregate amount" means the amount of:
(A) any direct or indirect loss incurred by a victim, including
the value of money, property, or service stolen or rendered
unrecoverable by the offense; or
(B) any expenditure required by the victim to verify that a
computer, computer network, computer program, or computer system
was not altered, acquired, damaged, deleted, or disrupted by the
offense.
(3) "Communications common carrier" means a person who owns or
operates a telephone system in this state that includes equipment
or facilities for the conveyance, transmission, or reception of
communications and who receives compensation from persons who use
that system.
(4) "Computer" means an electronic, magnetic, optical,
electrochemical, or other high-speed data processing device that
performs logical, arithmetic, or memory functions by the
manipulations of electronic or magnetic impulses and includes all
input, output, processing, storage, or communication facilities
that are connected or related to the device.
(5) "Computer network" means the interconnection of two or more
computers or computer systems by satellite, microwave, line, or
other communication medium with the capability to transmit
information among the computers.
(6) "Computer program" means an ordered set of data representing
coded instructions or statements that when executed by a computer
cause the computer to process data or perform specific functions.
(7) "Computer services" means the product of the use of a
computer, the information stored in the computer, or the
personnel supporting the computer, including computer time, data
processing, and storage functions.
(8) "Computer system" means any combination of a computer or
computer network with the documentation, computer software, or
physical facilities supporting the computer or computer network.
(9) "Computer software" means a set of computer programs,
procedures, and associated documentation related to the operation
of a computer, computer system, or computer network.
(10) "Computer virus" means an unwanted computer program or
other set of instructions inserted into a computer's memory,
operating system, or program that is specifically constructed
with the ability to replicate itself or to affect the other
programs or files in the computer by attaching a copy of the
unwanted program or other set of instructions to one or more
computer programs or files.
(11) "Data" means a representation of information, knowledge,
facts, concepts, or instructions that is being prepared or has
been prepared in a formalized manner and is intended to be stored
or processed, is being stored or processed, or has been stored or
processed in a computer. Data may be embodied in any form,
including but not limited to computer printouts, magnetic storage
media, laser storage media, and punchcards, or may be stored
internally in the memory of the computer.
(12) "Effective consent" includes consent by a person legally
authorized to act for the owner. Consent is not effective if:
(A) induced by deception, as defined by Section 31.01, or
induced by coercion;
(B) given by a person the actor knows is not legally authorized
to act for the owner;
(C) given by a person who by reason of youth, mental disease or
defect, or intoxication is known by the actor to be unable to
make reasonable property dispositions;
(D) given solely to detect the commission of an offense; or
(E) used for a purpose other than that for which the consent was
given.
(13) "Electric utility" has the meaning assigned by Section
31.002, Utilities Code.
(14) "Harm" includes partial or total alteration, damage, or
erasure of stored data, interruption of computer services,
introduction of a computer virus, or any other loss,
disadvantage, or injury that might reasonably be suffered as a
result of the actor's conduct.
(15) "Owner" means a person who:
(A) has title to the property, possession of the property,
whether lawful or not, or a greater right to possession of the
property than the actor;
(B) has the right to restrict access to the property; or
(C) is the licensee of data or computer software.
(16) "Property" means:
(A) tangible or intangible personal property including a
computer, computer system, computer network, computer software,
or data; or
(B) the use of a computer, computer system, computer network,
computer software, or data.
Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 1989, 71st Leg., ch. 306, Sec. 1, eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994; Acts 1997, 75th Leg., ch. 306, Sec. 1, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 18.44, eff. Sept. 1,
1999.
Sec. 33.02. BREACH OF COMPUTER SECURITY. (a) A person commits
an offense if the person knowingly accesses a computer, computer
network, or computer system without the effective consent of the
owner.
(b) An offense under this section is a Class B misdemeanor
unless in committing the offense the actor knowingly obtains a
benefit, defrauds or harms another, or alters, damages, or
deletes property, in which event the offense is:
(1) a Class A misdemeanor if the aggregate amount involved is
less than $1,500;
(2) a state jail felony if:
(A) the aggregate amount involved is $1,500 or more but less
than $20,000; or
(B) the aggregate amount involved is less than $1,500 and the
defendant has been previously convicted two or more times of an
offense under this chapter;
(3) a felony of the third degree if the aggregate amount
involved is $20,000 or more but less than $100,000;
(4) a felony of the second degree if the aggregate amount
involved is $100,000 or more but less than $200,000; or
(5) a felony of the first degree if the aggregate amount
involved is $200,000 or more.
(c) When benefits are obtained, a victim is defrauded or harmed,
or property is altered, damaged, or deleted in violation of this
section, whether or not in a single incident, the conduct may be
considered as one offense and the value of the benefits obtained
and of the losses incurred because of the fraud, harm, or
alteration, damage, or deletion of property may be aggregated in
determining the grade of the offense.
(d) A person who his subject to prosecution under this section
and any other section of this code may be prosecuted under either
or both sections.
Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 1989, 71st Leg., ch. 306, Sec. 2, eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994; Acts 1997, 75th Leg., ch. 306, Sec. 2, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 1411, Sec. 1, eff. Sept. 1,
2001.
Sec. 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this
section:
(1) "Minor" means:
(A) an individual who represents himself or herself to be
younger than 17 years of age; or
(B) an individual whom the actor believes to be younger than 17
years of age.
(2) "Sexual contact," "sexual intercourse," and "deviate sexual
intercourse" have the meanings assigned by Section 21.01.
(3) "Sexually explicit" means any communication, language, or
material, including a photographic or video image, that relates
to or describes sexual conduct, as defined by Section 43.25.
(b) A person who is 17 years of age or older commits an offense
if, with the intent to arouse or gratify the sexual desire of any
person, the person, over the Internet, by electronic mail or text
message or other electronic message service or system, or through
a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor.
(c) A person commits an offense if the person, over the
Internet, by electronic mail or text message or other electronic
message service or system, or through a commercial online
service, knowingly solicits a minor to meet another person,
including the actor, with the intent that the minor will engage
in sexual contact, sexual intercourse, or deviate sexual
intercourse with the actor or another person.
(d) It is not a defense to prosecution under Subsection (c)
that:
(1) the meeting did not occur;
(2) the actor did not intend for the meeting to occur; or
(3) the actor was engaged in a fantasy at the time of commission
of the offense.
(e) It is a defense to prosecution under this section that at
the time conduct described by Subsection (b) or (c) was
committed:
(1) the actor was married to the minor; or
(2) the actor was not more than three years older than the minor
and the minor consented to the conduct.
(f) An offense under Subsection (b) is a felony of the third
degree, except that the offense is a felony of the second degree
if the minor is younger than 14 years of age or is an individual
whom the actor believes to be younger than 14 years of age at the
time of the commission of the offense. An offense under
Subsection (c) is a felony of the second degree.
(g) If conduct that constitutes an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under this section, the other law, or both.
Added by Acts 2005, 79th Leg., Ch.
1273, Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
610, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1291, Sec. 7, eff. September 1, 2007.
Sec. 33.03. DEFENSES. It is an affirmative defense to
prosecution under Section 33.02 that the actor was an officer,
employee, or agent of a communications common carrier or electric
utility and committed the proscribed act or acts in the 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 communications common carrier or
electric utility.
Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1,
1985. Renumbered from Penal Code Sec. 33.04 and amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 33.04. ASSISTANCE BY ATTORNEY GENERAL. The attorney
general, if requested to do so by a prosecuting attorney, may
assist the prosecuting attorney in the investigation or
prosecution of an offense under this chapter or of any other
offense involving the use of a computer.
Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1,
1985. Renumbered from Penal Code Sec. 33.05 by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 33.05. TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING
MACHINE. (a) In this section:
(1) "Direct recording electronic voting machine" has the meaning
assigned by Section 121.003, Election Code.
(2) "Measure" has the meaning assigned by Section 1.005,
Election Code.
(b) A person commits an offense if the person knowingly accesses
a computer, computer network, computer program, computer
software, or computer system that is a part of a voting system
that uses direct recording electronic voting machines and by
means of that access:
(1) prevents a person from lawfully casting a vote;
(2) changes a lawfully cast vote;
(3) prevents a lawfully cast vote from being counted; or
(4) causes a vote that was not lawfully cast to be counted.
(c) An offense under this section does not require that the
votes as affected by the person's actions described by Subsection
(b) actually be the votes used in the official determination of
the outcome of the election.
(d) An offense under this section is a felony of the first
degree.
(e) Notwithstanding Section 15.01(d), an offense under Section
15.01(a) is a felony of the third degree if the offense the actor
intends to commit is an offense under this section.
(f) With the consent of the appropriate local county or district
attorney, the attorney general has concurrent jurisdiction with
that consenting local prosecutor to investigate or prosecute an
offense under this section.
Added by Acts 2005, 79th Leg., Ch.
470, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
503, Sec. 1, eff. September 1, 2009.
Sec. 33.07. ONLINE HARASSMENT. (a) A person commits an offense
if the person uses the name or persona of another person to
create a web page on or to post one or more messages on a
commercial social networking site:
(1) without obtaining the other person's consent; and
(2) with the intent to harm, defraud, intimidate, or threaten
any person.
(b) A person commits an offense if the person sends an
electronic mail, instant message, text message, or similar
communication that references a name, domain address, phone
number, or other item of identifying information belonging to any
person:
(1) without obtaining the other person's consent;
(2) with the intent to cause a recipient of the communication to
reasonably believe that the other person authorized or
transmitted the communication; and
(3) with the intent to harm or defraud any person.
(c) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) is a Class A
misdemeanor, except that the offense is a felony of the third
degree if the actor commits the offense with the intent to
solicit a response by emergency personnel.
(d) If conduct that constitutes an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under this section, the other law, or both.
(e) It is a defense to prosecution under this section that the
actor is any of the following entities or that the actor's
conduct consisted solely of action taken as an employee of any of
the following entities:
(1) a commercial social networking site;
(2) an Internet service provider;
(3) an interactive computer service, as defined by 47 U.S.C.
Section 230;
(4) a telecommunications provider, as defined by Section 51.002,
Utilities Code; or
(5) a video service provider or cable service provider, as
defined by Section 66.002, Utilities Code.
(f) In this section:
(1) "Commercial social networking site" means any business,
organization, or other similar entity operating a website that
permits persons to become registered users for the purpose of
establishing personal relationships with other users through
direct or real-time communication with other users or the
creation of web pages or profiles available to the public or to
other users. The term does not include an electronic mail
program or a message board program.
(2) "Identifying information" has the meaning assigned by
Section 32.51.
Added by Acts 2009, 81st Leg., R.S., Ch.
911, Sec. 1, eff. September 1, 2009.