The Breach of Computer Security crime in the state of Texas gives police the right to arrest you if they believe you accessed a computer, computer network, or computer system without the consent of the owner.
BREACH OF COMPUTER SECURITY ATTORNEY FAQs
It also makes it illegal to access computers and networks, even with the effective consent of the owner if you do it maliciously and in violation of a contract or rules established by the owner.
Have you been charged with Breach of Computer Security? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
Breach of Computer Security is classified in the Texas Penal Code under Title 7 “Offenses Against Property,” Chapter 33 “Computer Crimes.” Learn more detailed information about the Breach of Computer Security offense below.
What is the current Texas law about Breach of Computer Security?
The current Texas law defines the offense of Breach of Computer Security in Penal Code Section §33.02 as follows:[1]
(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 Subsection (a) is a Class B misdemeanor, except that the offense is a state jail felony if:
(1) the defendant has been previously convicted two or more times of an offense under this chapter; or
(2) the computer, computer network, or computer system is owned by the government or a critical infrastructure facility.
(b-1) A person commits an offense if, with the intent to defraud or harm another or alter, damage, or delete property, the person knowingly accesses:
(1) a computer, computer network, or computer system without the effective consent of the owner; or
(2) a computer, computer network, or computer system:
(A) that is owned by:
(i) the government; or
(ii) a business or other commercial entity engaged in a business activity;
(B) in violation of:
(i) a clear and conspicuous prohibition by the owner of the computer, computer network, or computer system; or
(ii) a contractual agreement to which the person has expressly agreed; and
(C) with the intent to obtain or use a file, data, or proprietary information stored in the computer, network, or system to defraud or harm another or alter, damage, or delete property.
(b-2) An offense under Subsection (b-1) is:
(1) a Class C misdemeanor if the aggregate amount involved is less than $100;
(2) a Class B misdemeanor if the aggregate amount involved is $100 or more but less than $750;
(3) a Class A misdemeanor if the aggregate amount involved is $750 or more but less than $2,500;
(4) a state jail felony if the aggregate amount involved is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the aggregate amount involved is $30,000 or more but less than $150,000;
(6) a felony of the second degree if:
(A) the aggregate amount involved is $150,000 or more but less than $300,000;
(B) the aggregate amount involved is any amount less than $300,000 and the computer, computer network, or computer system is owned by the government or a critical infrastructure facility; or
(C) the actor obtains the identifying information of another by accessing only one computer, computer network, or computer system; or
(7) a felony of the first degree if:
(A) the aggregate amount involved is $300,000 or more; or
(B) the actor obtains the identifying information of another by accessing more than one computer, computer network, or computer system.
How can I be charged with Breach of Computer Security?
You can be charged with Breach of Computer Security if the state’s attorneys believe that each of the elements of either 33.02(a) or (b-1) as described in the section above have been met
What is the punishment for Breach of Computer Security?
If the offense falls under subsection (a), then a conviction for Breach of Computer Security is punished by default as a Class B misdemeanor,[2] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.
But if the offense falls under subsection (a), and the defendant has been convicted of this offense two or more times or the computer breached was a government computer, then a conviction for Breach of Computer Security is punished as a State Jail Felony.[3]
If the offense falls under subsection (b-1), and the total amount of money involved is less than $100, then a conviction for Breach of Computer Security is punished as a Class C misdemeanor.[4]
If the offense falls under subsection (b-1), and the total amount of money involved is $100 or more but less than $750, then a conviction for Breach of Computer Security is punished as a Class B misdemeanor.[5]
If the offense falls under subsection (b-1), and the total amount of money involved is $750 or more but less than $2,500, then a conviction for Breach of Computer Security is punished as a Class A misdemeanor.[6]
If the offense falls under subsection (b-1), and the total amount of money involved is $2,500 or more but less than $30,000, then a conviction for Breach of Computer Security is punished as a State Jail Felony.[7]
If the offense falls under subsection (b-1), and the total amount of money involved is $30,000 or more but less than $150,000, then a conviction for Breach of Computer Security is punished as a Felony of the Third Degree.[8]
If the offense falls under subsection (b-1), and the total amount of money involved is $150,000 or more but less than $300,000, and the computer is owned by the government or if you receive identifying information from one computer, then a conviction for Breach of Computer Security is punished as a Felony of the Second Degree.[9]
If the offense falls under subsection (b-1), and the total amount of money involved is $300,000 or more, and you obtained identifying information from two or more computers, then a conviction for Breach of Computer Security is punished as a Felony of the First Degree.[10] Learn about the differences between grades of felonies and misdemeanors
Legal References:
^1. Texas Penal Code §33.02^2. Texas Penal Code Section 33.02(b)^3. Texas Penal Code Section 33.02(b)(1)&(2)^4. Texas Penal Code Section 33.02(b-2)(1)^5. Texas Penal Code Section 33.02(b-2)(2)^6. Texas Penal Code Section 33.02(b-2)(3)^7. Texas Penal Code Section 33.02(b-2)(4)^8. Texas Penal Code Section 33.02(b-2)(5)^9. Texas Penal Code Section 33.02(b-2)(6)^10. Texas Penal Code Section 33.02(b-2)(7)
