Criminal defense across Denton County and Collin County
Breach of Computer Security
Chapter 33 of the Texas Penal Code defines computer related offenses.
“Breach of Computer Security,” as per § 33.02 of the Texas Penal Code, occurs when a person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.
An offense under the previous subsection is a Class B misdemeanor, except that the offense is a state jail felony if:
the defendant has been previously convicted two or more times of an offense under this chapter; or
the computer, computer network, or computer system is owned by the government or a critical infrastructure facility.
A person commits an offense if, with the intent to defraud or harm another or alter, damage, or delete property, the person knowingly accesses:
a computer, computer network, or computer system without the effective consent of the owner; or
a computer, computer network, or computer system that is owned by the government or a business or other commercial entity engaged in a business activity;
in violation of a clear and conspicuous prohibition by the owner of the computer, computer network, or computer system, or a contractual agreement to which the person has expressly agreed; and
with the intent to obtain or use a file, data, or proprietary information stored in the computer, network, or system to defraud or harm another or alter, damage, or delete property.
An offense under the previous subsection is:
a Class C misdemeanor if the aggregate amount involved is less than $100;
a Class B misdemeanor if the aggregate amount involved is $100 or more but less than $750;
a Class A misdemeanor if the aggregate amount involved is $750 or more but less than $2,500;
a state jail felony if the aggregate amount involved is $2,500 or more but less than $30,000;
a felony of the third degree if the aggregate amount involved is $30,000 or more but less than $150,000;
a felony of the second degree if:
the aggregate amount involved is $150,000 or more but less than $300,000;
the aggregate amount involved is any amount less than $300,000 and the computer, computer network, or computer system is owned by the government or a critical infrastructure facility; or
the actor obtains the identifying information of another by accessing only one computer, computer network, or computer system; or
a felony of the first degree if:
the aggregate amount involved is $300,000 or more; or
the actor obtains the identifying information of another by accessing more than one computer, computer network, or computer system.
Why clients call Tim Powers Law
- Free initial consultation
- Former prosecutor and former judge insight
- Aggressive defense in Denton and Collin County
- Call 940-483-8000
Misdemeanor B
Confinement in jail for a term not to exceed 180 days
Fine not to exceed $2,000
Misdemeanor A
Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
State Jail Felony
Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
Imprisonment in the institutional division for not more than 20 years or less than two years
First Degree Felony
Imprisonment in the institutional division for life, or
Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
Chapter 33 of the Texas Penal Code defines computer related offenses. “Breach of Computer Security”, as per § 33.02 of the Texas Penal Code, occurs when a person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.
Punishment Range Misdemeanor C Fine not to exceed $500 Misdemeanor B Confinement in jail for a term not to exceed 180 days Fine not to exceed $2,000 Both such fine and confinement Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement State Jail Felony Confinement in a state jail for not more than two years and not less than 180 days In addition to confinement, may receive a fine not to exceed $10,000 Third Degree Felony Imprisonment in the institutional division for not more than 10 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Second Degree Felony Imprisonment in the institutional division for not more than 20 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 First Degree Felony Imprisonment in the institutional division for life, or Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon In addition to imprisonment, may receive a fine not to exceed $10,000 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You
We only accept Denton County and Collin County cases.
Yes, I am a potential new client No, I'm a current existing client I'm neither.
Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069
Office locations
- Denton office: 215 West Oak Street, Denton, TX 76201
- McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
- Plano office: 7200 Dallas Parkway, Plano, TX 75024