Texas Penal Code 33.023 – Electronic Data Tampering

WHAT IS ELECTRONIC DATA TAMPERING IN TEXAS?

The Texas law against electronic access interference prohibits altering data in transmission between two computers, and introducing ransomware onto another’s computer, computer network, or computer system through deception and without a legitimate business or law enforcement purpose.

WHAT IS THE ELECTRONIC DATA TAMPERING LAW IN TEXAS?

Tex. Penal Code § 33.023. ELECTRONIC DATA TAMPERING.

(b) A person commits an offense if the person intentionally alters data as it transmits between two computers in a computer network or computer system through deception and without a legitimate business purpose.

(c) A person commits an offense if the person intentionally introduces ransomware onto a computer, computer network, or computer system through deception and without a legitimate business purpose.

(d) Subject to Subsections (d-1) and (d-2), an offense under this section is a Class C misdemeanor.

(d-1) Subject to Subsection (d-2), if it is shown on the trial of the offense that the defendant acted with the intent to defraud or harm another, an offense under this section is:

(1) a Class C misdemeanor if the aggregate amount involved is less than $100 or cannot be determined;

(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 the aggregate amount involved is $150,000 or more but less than $300,000; and

(7) a felony of the first degree if the aggregate amount involved is $300,000 or more.

(d-2) If it is shown on the trial of the offense that the defendant knowingly restricted a victim’s access to privileged information, an offense under this section is:

(1) a state jail felony if the value of the aggregate amount involved is less than $2,500;

(2) a felony of the third degree if:

(A) the value of the aggregate amount involved is $2,500 or more but less than $30,000; or

(B) a client or patient of a victim suffered harm attributable to the offense;

(3) a felony of the second degree if:

(A) the value of the aggregate amount involved is $30,000 or more but less than $150,000; or

(B) a client or patient of a victim suffered bodily injury attributable to the offense; and

(4) a felony of the first degree if:

(A) the value of the aggregate amount involved is $150,000 or more; or

(B) a client or patient of a victim suffered serious bodily injury or death attributable to the offense.

(e) When benefits are obtained, a victim is defrauded or harmed, or property is altered, appropriated, 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, appropriation, damage, or deletion of property may be aggregated in determining the grade of the offense.

(f) A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.

(g) Software is not ransomware for the purposes of this section if the software restricts access to data because:

(1) authentication is required to upgrade or access purchased content; or

(2) access to subscription content has been blocked for nonpayment.

WHAT IS THE PENALTY CLASS FOR ELECTRONIC DATA TAMPERING IN TEXAS?

The penalty classification for electronic data tampering depends on whether the person obtains benefits or causes the victim to incur losses, whether the information restricted was privileged, and the aggregate amount of benefits obtained or losses incurred.

• Class C misdemeanor, punishable by up to a $500 fine, if:
  • the aggregate amount involved is less than $100; or
  • there is no benefit or loss, or the aggregate amount cannot be determined;
• Class B misdemeanor, punishable by up to 180 days in jail, if:
  • the aggregate amount involved is $100 or more but less than $750;
• Class A misdemeanor, punishable by up to one year in jail, if:
  • the aggregate amount involved is $750 or more but less than $2,500;
• State jail felony, punishable by 180 days to two years in a state jail facility, if:
  • the aggregate amount involved is $2,500 or more but less than $30,000; or
  • the person restricted access to privileged information, and the aggregate amount involved is less than $2,500;
• Third degree felony, punishable by two to ten years in prison, if:
  • the aggregate amount involved is $30,000 or more but less than $150,000; or
  • the person restricted access to privileged information, and:
    • the aggregate amount involved is $2,500 or more but less than $30,000; or
    • a client or patient suffered harm as a result;
• Second degree felony, punishable by two to 20 years in prison, if:
  • the aggregate amount involved is $150,000 or more but less than $300,000; or
  • the person restricted access to privileged information, and:
    • the aggregate amount involved is $30,000 or more but less than $150,000; or
    • a client or patient suffered bodily injury as a result;
• First degree felony, punishable by five to 99 years in prison, if:
  • the aggregate amount involved is $300,000 or more; or
  • the person restricted access to privileged information, and:
    • the aggregate amount involved is $150,00 or more; or
    • a client or patient suffered serious bodily injury or death as a result.

WHAT IS THE PUNISHMENT RANGE FOR ELECTRONIC DATA TAMPERING IN TEXAS?

The punishment range for electronic data tampering depends on the conduct, and aggregate amount of damage caused by the offense. The punishment ranges are:

• First degree felony: five to 99 years or life in prison, maximum $10,000 fine;
• Second degree felony: two to 20 years in prison, maximum $10,000 fine;
• Third degree felony: two to ten years in prison, maximum $10,000 fine;
• State jail felony: 180 days to two years in a state jail facility, maximum $10,000 fine;
• Class A misdemeanor: up to one year in jail, maximum $4,000 fine;
• Class B misdemeanor: up to 180 days in jail, maximum $2,000 fine;
• Class C misdemeanor: maximum $500 fine.

WHAT ARE THE PENALTIES FOR ELECTRONIC DATA TAMPERING IN TEXAS?

A person charged with electronic data tampering may be eligible for probation after a conviction, or deferred adjudication without a conviction. If charged with a first degree or second degree felony, the period of community supervision may not exceed ten years. Third degree electronic data tampering charges carry a probation range of two to five years, and the period of deferred adjudication may not exceed ten years.

A person charged with electronic data tampering as a state jail felony may be placed on community supervision for a period between two and five years, with the possibility of extending supervision for up to ten years.

The period of community supervision for Class A and Class B misdemeanor electronic data tampering charges may not exceed two years, and a person may be placed on deferred adjudication for up to 180 days if charged with a Class C misdemeanor.

WHAT ARE THE DEFENSES TO ELECTRONIC DATA TAMPERING IN TEXAS?

The statute does not authorize specific defenses to electronic data tampering, but does clarify that it is legally permissible to restrict access to data because: (1) authentication is required to upgrade or access purchased content; or (2) access to subscription content has been blocked for non-payment.

• What is ransomware? Texas law defines “ransomware” as a computer contaminant or lock used by an unauthorized person to restrict access to a computer, computer system, or computer network, or any data therein under circumstances in which the person demands money, property, or a service to remove the computer contaminant or lock, restore access, or otherwise remediate the impact of the contaminant or lock.

WHAT IS THE STATUTE OF LIMITATIONS FOR ELECTRONIC DATA TAMPERING IN TEXAS?

The limitation period for electronic data tampering categorized as a misdemeanor is two years. If the offense is a felony, the limitation period is three years.

ELECTRONIC DATA TAMPERING IN TEXAS

Electronic data tampering punishes unauthorized interruption or suspension of access to a computer system or network without the effective consent of the owner. Such conduct includes the use of ransomware, “Denial-of-Service” attacks, and other cybercrimes. The offense does not include interruptions or suspensions for a legitimate business or law enforcement purpose, or for system updates and subscription non-payment.