TEXAS
TITLE:	COMPUTER CRIMES
DEFINITIONS:	¤ 33.01, PENAL CODE.  DEFINITIONS.  

In this chapter:

(1)  "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.

(2)  "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.

(3)  "Computer network" means the 
interconnection of two or more computer systems 
by satellite, microwave, line, or other 
communication medium with the capability to 
transmit information among the computers.

(4)  "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.

(5)  "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.

(6)  "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.

(7)  "Computer system" means any combination of 
a computer or computers with the documentation, 
computer software, or physical facilities 
supporting the computer.

(8)  "Computer software" means a set of computer 
programs, procedures, and associated 
documentation related to the operation of a 
computer, computer system, or computer network.

(9)  "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 and to affect the 
other programs or files in the computer by 
attaching a copy of the unwanted program or 
other set of instructions in one or more computer 
programs or files.

(10)  "Damage" includes partial or total alteration, 
damage, or erasure of stored data, or interruption 
of computer services.

(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, and punchcards, or may be stored 
internally in the memory of the computer.

(12)  "Electronic utility" has the meaning assigned 
by Subsection (c), Section 3, Public Utility 
Regulatory Act (Article 1446c, Vernon's Texas Civil 
Statutes).
OFFENSES:	¤ 33.02, PENAL CODE.  BREACH OF COMPUTER 
SECURITY

¤ 33.03, PENAL CODE.  HARMFUL ACCESS
ELEMENTS:	¤ 33.02, PENAL CODE.  BREACH OF COMPUTER 
SECURITY

(a)  A person commits an offense if the person:

(1) uses a computer without the effective consent 
of the owner of the computer or a person 
authorized to license access to the computer and 
the actor knows that there exists a computer 
security system intended to prevent him from 
making that use of the computer; or

(2) gains access to data stored or maintained by a 
computer without the effective consent of the 
owner or licensee of the data and the actor knows 
that there exists a computer security system 
intended to prevent him from gaining access to 
that data.

(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 the use of a computer 
or to restrict access to data stored or maintained 
by a computer.

¤ 33.03, PENAL CODE.  HARMFUL ACCESS

(a)  A person commits an offense if the person 
intentionally or knowingly and without 
authorization from the owner of the computer or a 
person authorized to license access to the 
computer:

(1) damages, alters, or destroys a computer, 
computer program or software, computer system, 
data, or computer network;

(2) causes a computer to interrupt or impair a 
government operation, public communication, 
public transportation, or public service providing 
water or gas;

(3) uses a computer to:

(A) tamper with government, medical, or 
educational records;

(B) receive or use records that were not intended 
for public dissemination to gain an advantage over 
business competitors;

(4) obtains information from or introduces false 
information into a computer system to damage or 
enhance the data or credit records of a person;

(5) causes a computer to remove, alter, erase, or 
copy a negotiable instrument; or

(6) inserts or introduces a computer virus into a 
computer program, computer network, or 
computer system.
DEFENSES:	¤ 33.04, PENAL CODE.  DEFENSE

It is an affirmative defense to prosecution under 
Sections 33.02 and 33.03 of this code 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.
PENALTIES:	¤ 33.02, PENAL CODE.  BREACH OF COMPUTER 
SECURITY

Breach of computer security is a Class A 
misdemeanor

¤ 33.03, PENAL CODE.  HARMFUL ACCESS

(b)  An offense under this section is a: 

(1) felony of the second degree if the value of the 
loss or damage caused by the conduct is $20,000 
or more.

(2) a felony of the third degree if the value of the 
loss or damage caused by the conduct is $750 or 
more but less than $20,000; or

(3) a Class A misdemeanor if the value of the loss 
or damage caused by the conduct is $200 or more 
but less than $750.
VENUE:	¤ 13.24, CODE OF CRIMINAL PROCEDURE.  
COMPUTER CRIMES

(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, in 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.
CIVIL REMEDY:	¤ 143.001, CIVIL PRACTICE AND REMEDIES CODE.  
HARMFUL ACCESS BY COMPUTER

(a)  A person who is injured or whose property 
has been injured as a result of a violation under 
Chapter 33, Penal Code, has a civil cause of action 
if the violation was committed knowingly or 
intentionally.

(b)  A person may bring suit for damages under 
this section before the earlier of the fifth 
anniversary of the date of the last act in the 
course of conduct constituting a violation under 
Chapter 33, Penal Code, or the second anniversary 
of the date the claimant first discovered or had 
reasonable opportunity to discover the violation.

¤ 143.002.  DAMAGES

A person who establishes a cause of action under 
this chapter is entitled to:

(1) actual damages; and

(2) reasonable attorney's fees and costs.
CITATION:	Texas Penal Code ¤¤ 33.01 thru 33.05; Texas Code 
of Criminal Procedure, ¤ 1324; Texas Civil Practice 
and Remedies Code, ¤¤ 143.001, 143.002.
SOURCE:	Acts 1985, 69 Leg., ch. 600, eff. Sept. 1, 1985.