/* R FRINGE COMMENTARY: Texas' Computer Crimes Law follows. */

TITLE 7, 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.

/* A pay BBS might fall in this definition depending on how

broadly the rather ambiguous term "telephone system" is defined.

*/

(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 communication 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

communicate together.

(4) "Computer security system" means the design, procedures,

or other measures that the person responsible for the

operation and iue of a computer system employs to restrict

the use of the computer to particular persons or users or

that the owner or licensee of data stored or maintained by a

computer in which the owner of licensee is entitled ot 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.

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.

/* It is consequently VITAL to label all documentation "COMPUTER

SECURITY SYSTEM INFORMATION- PROTECTED BY TEXAS COMPUTER CRIMES

LAW. Likewise, be sure to put on sign on in critical parts of

your "Computer security system" a similar legend. */

(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; or

(2) a Class A misdemeanor if the value of the loss or damage

caused by the conduct is $ 200 or more but less than $ 2500;

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 Section

33.02 and 33.03 of this code that the actor was an officer,

employee, or agent of a communication 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 33.05 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.