/* 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. Downloaded From P-80 International Information Systems 304-744-2253