In 1985, a computer crimes law for the state of Texas took
effect. Under this state law, it is a crime to make
unauthorized use of protected computer systems or data files
on computers, or to make intentionally harmful use of such
computers or data files. The seriousness of such a crime
ranges from Class B misdemeanor to third-degree felony.
The complete text of the computer crimes chapter of the
Penal Code appears below. Instructors should make sure their
students are familiar with this law and the consequences of
violating it.
Texas Computer Crimes Statute
SECTION 1. Title 7, Chapter 33, Texas Penal Code
"Section 33.01. 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 device that
performs logical, arithmetic, or memory functions by the
manipulations of electronic or magnetic impulses and
includes all input, output, processing, storage, or
communications facilities that are connected or related to
the device. 'Computer' includes a network of two or more
computers that are interconnected to function or communicate
together.
"(3) '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.
"(4) '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.
"(5) '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.
"(6) 'Electric utility' has the meaning assigned
by Subsection (c), Section 3, Public Utility Regulatory Act
(Article 1446c, Vernon's Texas Civil Statutes).
"Section 33.02. 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, 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.
"(c) An offense under this section is a Class A
misdemeanor.
"Section 33.03. HARMFUL ACCESS.
(a) A person commits an offense if the person
intentionally or knowingly:
"(1) causes a computer to malfunction or
interrupts the operation of a computer without the effective
consent of the owner of the computer or a person authorized
to license access to the computer; or
"(2) alters, damages, or destroys data or a
computer program stored, maintained, or produced by a
computer, without the effective consent of the owner or
licensee of the data or computer program.
"(b) An offense under this section is:
"(1) a Class B misdemeanor if the conduct did not
cause any loss or damage or if the value of the loss or
damage caused by the conduct is less than $200;
"(2) a Class A misdemeanor if the value of the
loss or damage caused by the conduct is $200 or more but
less than $2,500; or
"(3) a felony of the third degree if the value of
the loss or damage caused by the conduct is $2,500 or more.
"Section 33.04. DEFENSES. 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 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 33.05. 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."
