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Texas Statutes (Last Updated: January 4, 2014) |
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PENAL CODE |
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Title 4. INCHOATE OFFENSES |
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Chapter 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE |
Sec. 16.04. UNLAWFUL ACCESS TO STORED COMMUNICATIONS
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(a) In this section, "electronic communication," "electronic storage," "user," and "wire communication" have the meanings assigned to those terms in Article 18.21, Code of Criminal Procedure.
(b) A person commits an offense if the person obtains, alters, or prevents authorized access to a wire or electronic communication while the communication is in electronic storage by:
(1) intentionally obtaining access without authorization to a facility through which a wire or electronic communications service is provided; or
(2) intentionally exceeding an authorization for access to a facility through which a wire or electronic communications service is provided.
(c) Except as provided by Subsection (d), an offense under Subsection (b) is a Class A misdemeanor.
(d) If committed to obtain a benefit or to harm another, an offense is a state jail felony.
(e) It is an affirmative defense to prosecution under Subsection (b) that the conduct was authorized by:
(1) the provider of the wire or electronic communications service;
(2) the user of the wire or electronic communications service;
(3) the addressee or intended recipient of the wire or electronic communication; or
(4) Article 18.21, Code of Criminal Procedure.