Texas Penal Code - Section 33.02. Breach Of Computer Security
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§ 33.02. BREACH OF COMPUTER SECURITY. (a) A person
commits an offense if the person knowingly accesses a computer,
computer network, or computer system without the effective consent
of the owner.
(b) 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:
(A) the aggregate amount involved is $1,500 or
more but less than $20,000; or
(B) 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.
(c) When benefits are obtained, a victim is defrauded or
harmed, or property is altered, damaged, or deleted in violation of
this section, whether or not in a single incident, the conduct may
be considered as one offense and the value of the benefits obtained
and of the losses incurred because of the fraud, harm, or
alteration, damage, or deletion of property may be aggregated in
determining the grade of the offense.
(d) 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.
Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 306, § 2, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 306, § 2, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 1411, § 1, eff. Sept. 1, 2001.
Section: 32.47 32.48 32.49 32.50 32.51 32.52 33.01 33.02 33.021 33.03 33.04 33.05 34.01 34.02 34.021
Last modified: August 10, 2007
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