Electronic Access Interference: Texas Penal Code §33.022

The Texas Electronic Access Interference law makes it illegal to suspend access to a computer or network without a legitimate business purpose.

The legislature created the Electronic Access Interference law in the Texas Cybercrime Act in response to growing concern about cybercrime in Texas.

The Texas legislature codified this criminal offense in Texas Penal Code Section 33.022. The law was not updated in 2023. In fact, this law has not been amended since it was enacted in 2017.

The Penal Code classifies the Texas Electronic Access Interference law under Title 7 “Offenses Against Property,” Chapter 33 “Computer Crimes.” Learn more about the Texas offense of Electronic Access Interference below.

What is the current Texas law about Electronic Access Interference?

The current Texas law defines the offense of Electronic Access Interference in Penal Code Section §33.022 as follows:^[1]

(a) A person, other than a network provider or online service provider acting for a legitimate business purpose, commits an offense if the person intentionally interrupts or suspends access to a computer system or computer network without the effective consent of the owner.

This law was created by the 85th Texas Legislature and was codified at Section 33.022 in the Texas Penal Code, effective September 1, 2017.^[2]

This new law was a response to the growing cybersecurity threat that hackers pose to people and institutions with DDOS attacks, worms and other malware and ransomware. The Electronic Access Interference law was one of three laws created by in same bill in the 85th Legislature in 2017, with the others being Electronic Data Tampering and Unlawful Decryption.

How can I be charged with an Electronic Access Interference offense in Texas?

You can be charged with Electronic Access Interference in Texas if the state’s attorneys believe that each of the elements of either 33.022(a) as described in the section above have been met

What is the statute of limitation for Electronic Access Interference in Texas?

Electronic Access Interference offenses have a three-year limitations period.^[3]

What is the penalty for a Texas Electronic Access Interference offense?

Electronic Access Interference is classified as a third degree felony,^[4] punishable by up to ten years in prison and a $10,000 fine.

Can you get probation for Electronic Access Interference in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Electronic Access Interference, and judges are also allowed to accept deferred adjudication plea deals.^[5]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[6]

What level of crime is Electronic Access Interference in Texas?

The Penal Code classifies the punishment for Electronic Access Interference as a third degree felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §33.022. This law is current as of the 88th Legislature Regular Session.^2. HB 9, 85th Legislature, Section 3^3. See Code of Criminal Procedure 12.01(9)^4. Penal Code Section 33.022(b), as enacted by HB 9, 85th Legislature, Section 3^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.054(b), Texas Code of Criminal Procedure