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/* 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.
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