Cybercrime includes any criminal offense committed with a computer or a computer network. These offenses and their penalties are found in Texas Penal Code Chapter 33.
- Online Impersonation
Online impersonation is commonly referred to as “catfishing.” It occurs when an individual sends an email, instant message, or other online communication that references a name, address, phone number, or other identifying information belonging to another person:
- Without obtaining the other person’s consent,
- With the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication, and
- With the intent to harm or defraud another person.
In Texas, online impersonation is generally a Class A misdemeanor punishable by up to a year in county jail and a maximum fine of $4,000. However, it is increased to a third-degree felony if:
- The defendant created a website or social media profile posing as another person,
- The defendant sent the messages through a social media site, or
- The defendant intended to contact emergency personnel.
A third-degree felony is punishable by two to ten years in prison and a fine of up to $10,000.
- Online Solicitation of a Minor
Online solicitation of a minor occurs when an individual uses their computer, email, or text messages to knowingly communicate certain sexual content to a minor or attempt to induce or solicit a minor to engage in sexual conduct.
Typically, the offense is charged as a third-degree felony punishable by two to ten years in prison and a maximum fine of $10,000. However, if the victim is under 14, the offense is enhanced to a second-degree felony punishable by two to twenty years in prison and fines up to $10,000. In addition, convicted defendants must register as sex offenders.
- Breach of Computer Security
Breach of computer security is a criminal offense that makes it illegal to knowingly access a computer, computer network, or computer system without the owner’s effective consent. It is commonly referred to as hacking.
If the defendant committed the offense with no intent to defraud or harm another person or no intent to alter, damage, delete property, it is charged as a Class B misdemeanor punishable by up to 180 days in county jail and a maximum fine of $2,000. However, if the defendant has been convicted of the offense two or more times or the government of a “critical infrastructure facility” owned the breached system, the offense is charged as a state jail felony.
If the defendant committed the offense with the intent to defraud or harm another person or intent to alter, damage, delete property, the penalty is dependent on the amount of money involved. The offense ranges from a Class C misdemeanor for amounts under $100 to a first-degree felony for amounts over $300,000.
- Electronic Access Interference
Electronic access interference makes it illegal in Texas to intentionally interrupt or suspend access to a computer system without the owner’s consent or a legitimate business purpose.
The offense is penalized as a third-degree felony, punishable by two to ten years in prison and a maximum fine of $10,000.
- Electronic Data Tampering
Electronic data tampering occurs when an individual intentionally alters computer data or introduces malicious code. For example, when an individual uses ransomware to lock a victim out of their computer or network until they pay a ransom.
By default, electronic data tampering is punished as a Class C misdemeanor. However, if there was an intent to defraud or harm another person, the penalty is increased depending on the total amount of money involved. If the aggregate amount involved is $300,000 or more, the offense is enhanced to a first-degree felony punishable by five to 99 years in prison and a maximum fine of $10,000.
- Unlawful Decryption
Unlawful decryption makes it illegal to intentionally decrypt private encrypted information without a legitimate business purpose.
Like electronic data tampering, unlawful decryption is by default a Class C misdemeanor. If there was an intent to defraud or harm another person, the penalty is increased depending on the amount of money involved. If the aggregate amount involved is $300,000 or more, the offense will be enhanced to a first-degree felony.
- Tampering with an Online Voting Machine
In Texas, it is illegal to tamper with an online voting machine. The offense is a first-degree felony punishable by five to 99 years in prison and a maximum fine of $10,000.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing cybercrime charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. He has years of experience defending individuals against cybercrime charges in the Dallas-Fort Worth area. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.