Texas added to Title 7 of its Penal Code several sections that deal specifically with computer usage. Offenses relating to "breach of security" (i.e., gaining access to a computer or its data without the consent of the owner or revealing security passwords) and "harmful access" (e.g., introducing a worm or a virus into a computer or computer system) now constitute crimes ranging from a Class B misdemeanor to a felony--depending upon the monetary damage involved. Also, the State Attorney General may now be called in on any case involving the use of a computer.

Title 7, Chapter 33, Computer Crimes - Texas Penal Code

(Current through the 1999 supplement - 2005 session of the Texas Legislature)

Section 33.01. Definitions

1. In this subchapter:

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:
1. 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
2. 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:
1. induced by deception or induced by coercion;
2. given by a person the actor knows is not legally authorized to act for the owner;
3. 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;
4. given solely to detect the commission of an offense; or
5. 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:
1. 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;
2. has the right to restrict access to the property; or
3. is the licensee of data or computer software.
16. "Property" means:
1. tangible or intangible personal property including a computer, computer system, computer network, computer software, or data; or
2. the use of a computer, computer system, computer network, computer software, or data.

Section 33.02. Breach of Computer Security

1. A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.
2. 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:
1. the aggregate amount involved is $ 1,500 or more but less than $ 20,000; or
2. 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.

3. (Blank).
4. 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.

Access is always without "effective consent" if it is without the knowledge of the owner of the computer. Consent is not "effective" if it is obtained by deception or coercion.

Anyone using the computer does not have to damage or change anything in order to be guilty of a crime. Some believe that "just looking around" does not constitute a crime. This is not the case with this law in effect.

A computer cannot be used for an unauthorized purpose--for a purpose other than the permission that was specifically given the user when allowed access. In other words, a user who has access to certain files or privileges commits an offense if he/she accesses any other files or privileges without consent.

A person may not distribute passwords, identifying codes, PIN numbers, debit card numbers, bank account numbers, or any other confidential information about a computer security system without proper authorization.

Breach of Computer Security also prohibits unauthorized destruction or alteration of information. A person cannot alter or delete information from a computer without the "effective consent" of the owner of the computer or data.

The offense of Breach of Computer Security is a Class "A" Misdemeanor; however, the statute also provides for enhanced punishments if the intent includes obtaining a benefit for the user, or there was intent to defraud or harm another.

A Class A misdemeanor is punishable by up to one year in the country jail or a fine of up to $4,000 or both.

A new category of offense created as a part of the new Penal Code is the "State Jail Felony." Punishment is 180 days to two years in a local state jail and a fine of up to $10,000. However, unless a gun or other deadly weapon is involved, probation is mandatory for those convicted of a State Jail Felony. A condition of probation is that the individual can be sentenced to a county or state jail facility for a period between 30 days and one year, depending on the defendant's criminal history.

A "Third Degree Felony" is punishable by two to ten years in the Penitentiary and a fine of up to $10,000.

Section 33.021. Online Solicitation of a Minor

1. In this section:

1. "Minor" means:
1. A an individual who represents himself or herself to be younger than 17 years of age; or
2. 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.

2. 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 or by electronic mail or a commercial online service, intentionally:

1. communicates in a sexually explicit manner with a minor; or
2. distributes sexually explicit material to a minor.

3. A person commits an offense if the person, over the Internet or by electronic mail or 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.
4. 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.

5. 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.

6. An offense under Subsection (b) is a state jail felony, and an offense under Subsection (c) is a felony of the third degree, except that an offense under Subsection (b) or (c) 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.
7. 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.

Section 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.

Section 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.

Section 33.05. Tampering With Direct Recording Electronic Voting Machine

1. 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.

2. 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.

3. 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.
4. An offense under this section is a felony of the first degree.
5. 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.

Aside from this state statue that protects computers, there are other state and federal laws that provide protection for computers and their data. (For examples, see the chapter on Federal Crime Statutes.)

Crimes that involve Texas Tech computers should be reported to campus authorities (this includes facility/lab directors and systems managers). They may also be reported to local police, the State District Attorney's Office, the FBI, and the Secret Service.

This law in text format, no discussion