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- VERNON'S TEXAS STATUTES AND CODES ANNOTATED
- COPR. (c) WEST 1990 No Claim to Orig. Govt. Works
- PENAL CODE
- TITLE 7. OFFENSES AGAINST PROPERTY
- CHAPTER 33. COMPUTER CRIMES
-
- s 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, 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 to 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) "Electric utility" has the meaning assigned by Subsection (c), Section
- 3, Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
- Statutes).
-
- 1989 Main Volume Credit(s)
-
- Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.
-
- 1990 Pocket Part Credit(s)
-
- Amended by Acts 1989, 71st Leg., ch. 306, s 1, eff. Sept. 1, 1989.
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- 1989 Legislation
-
- The 1989 amendment, in subsec. (2), inserted "magnetic, optical,
- electrochemical, or other high-speed data processing", and deleted the second
- sentence which read " 'COMPUTER' includes a network of two or more COMPUTERS
- that are interconnected to function or communicate together"; subsecs. (3),
- (4), (5) and (6) were renumbered as (4), (5), (11) and (12) respectively; and
- subsecs. (3) and (6) to (10) were added.
-
- Section 6 of the 1989 amendatory act provides:
-
- "(a) The change in law made by this Act applies only to an offense committed
- on or after the effective date of this Act. For purposes of this section, an
- offense is committed before the effective date of this Act if any element of
- the offense occurs before the effective date.
-
- "(b) An offense committed before the effective date of this Act is covered by
- the law in effect when the offense was committed, and the former law is
- continued in effect for this purpose."
-
- s 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, 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.
- (c) An offense under this section is a Class A misdemeanor.
-
- 1989 Main Volume Credit(s)
-
- Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.
- 1990 Pocket Part Credit(s)
-
- Amended by Acts 1989, 71st Leg., ch. 306, s 2, eff. Sept. 1, 1989.
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- 1989 Legislation
-
- The 1989 amendment, in subsec. (b), inserted "debit card number, bank account
- number".
-
-
- s 33.03. 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; or
- (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.
- (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) 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) Class A misdemeanor if the value of the loss or damage caused by the
- conduct is $200 or more but less than $750.
-
- 1989 Main Volume Credit(s)
-
- Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.
-
- 1990 Pocket Part Credit(s)
-
- Amended by Acts 1989, 71st Leg., ch. 306, s 3, eff. Sept. 1, 1989.
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- 1989 Legislation
-
- The 1989 amendment rewrote the section.
-
- Section 6 of the 1989 amendatory act provides:
-
- "(a) The change in law made by this Act applies only to an offense committed
- on or after the effective date of this Act. For purposes of this section, an
- offense is committed before the effective date of this Act if any element of
- the offense occurs before the effective date.
-
- "(b) An offense committed before the effective date of this Act is covered by
- the law in effect when the offense was committed, and the former law is
- continued in effect for this purpose."
-
- s 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 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.
-
- 1989 Main Volume Credit(s)
-
- Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.
-
-
- s 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.
-
- 1989 Main Volume Credit(s)
-
- Acts 1985, 69th Leg., ch. 600, s 1, eff. Sept. 1, 1985.
-
-
- Art. 13.24. COMPUTER CRIMES
-
- < Text of article as added by Acts 1989, 71st Leg., ch. 306, s 4 >
-
- (a) In this section "COMPUTER," "COMPUTER network," "COMPUTER program," and
- "COMPUTER system" 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.
-
- 1990 Pocket Part Credit(s)
-
- Added by Acts 1989, 71st Leg., ch. 306, s 4, eff. Sept. 1, 1989.
-
- < For text of article as added by Acts 1989, 71st Leg., ch. 125, s 2, see
- art. 13.24, ante >
-
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Acts 1989, 71st Leg., ch. 306, s 6 provides:
-
- "(a) The change in law made by this Act applies only to an offense committed
- on or after the effective date of this Act. For purposes of this section, an
- offense is committed before the effective date of this Act if any element of
- the offense occurs before the effective date.
-
- "(b) An offense committed before the effective date of this Act is covered by
- the law in effect when the offense was committed, and the former law is
- continued in effect for this purpose."
-
-
-