TEXAS
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 33. COMPUTER CRIMES
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 system, or computer network.
(2) "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.
(3) "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.
(4) "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.
(5) "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.
(6) "Computer security system" means the design, procedures, or other measures that the person
responsible for the operation and use of a computer employs to restrict the use of the computer to
particular persons or uses or that the owner or licensee of data stored or maintained by a computer
in which the owner or licensee is entitled to store or maintain the data employs to restrict access to the
data.
(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 Subsection (c), Section 3, Public Utility
Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes).
(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.
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) A person commits an offense if the person intentionally or knowingly gives a password,
identifying code, personal identification number, debit card number, bank account number, or other
confidential information about a computer security system to another person without the effective consent
of the person employing the computer security system to restrict access to a computer, computer network,
computer system, or data.
(c) An offense under this section is a Class A misdemeanor unless the actor's intent is to obtain
a benefit or defraud or harm another, in which event the offense is:
(1) a state jail felony if the value of the benefit or the amount of the loss or harm is less
than $ 20,000; or
(2) a felony of the third degree if the value of the benefit or the amount of the loss or
harm is $ 20,000 or more.
(d) A person who is subject to prosecution under this section and any other section of this code
may be prosecuted under either or both sections.
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.
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.
TEXAS
STATUTES AND CODES
13.25. Computer crimes
Effective September 1, 1994
(a) In this section "access," "computer," "computer network," "computer program," "computer
system," and "owner" have the meanings assigned to those terms in Section 33.01, Penal Code.
(b) An offense under Chapter 33, Penal Code, may be prosecuted in:
(1) the county of the principal place of business of the owner or lessee of a
computer, computer system, or computer network involved in the violation;
(2) any county in which a defendant had control or possession of any proceeds
from the violation or any books, records, documents, property, negotiable instruments, computer
programs, or other material that were used in furtherance of the violation; or
(3) any county from which, to which, or through which any access to a computer
or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other
means of communication.