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A BILL TO BE ENTITLED
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AN ACT
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relating to cybercrime; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas Cybercrime |
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Act. |
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SECTION 2. Chapter 33, Penal Code, is amended by adding |
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Sections 33.022 and 33.023 to read as follows: |
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Sec. 33.022. ELECTRONIC ACCESS INTERFERENCE. (a) A person |
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commits an offense if the person intentionally interrupts or |
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suspends access to a computer system or computer network without |
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the effective consent of the owner. |
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(b) An offense under this section is a third degree felony. |
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(c) It is a defense to prosecution under this section that |
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the person acted with the intent to facilitate a lawful seizure or |
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search of, or lawful access to, a computer, computer network, or |
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computer system for a legitimate law enforcement purpose. |
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Sec. 33.023. ELECTRONIC DATA TAMPERING. (a) In this |
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section: |
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(1) "Malware" means computer software used to: |
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(A) gather data without the effective consent of |
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the owner of the data; |
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(B) gain access to a computer, computer network, |
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or computer system without the effective consent of the owner; or |
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(C) disrupt the operation of a computer, computer |
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network, or computer system without the effective consent of the |
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owner. |
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(2) "Ransomware" means malware that demands a ransom |
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payment to: |
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(A) restore access to a person's property; or |
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(B) not publish the person's data. |
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(b) A person commits an offense if the person: |
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(1) alters data as it transmits between two computers |
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in a computer network or computer system without the effective |
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consent of the owner; or |
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(2) introduces malware, including ransomware, onto a |
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computer, computer network, or computer system without the |
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effective consent of the owner. |
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(c) An offense under this section is a Class A misdemeanor, |
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unless the person acted with the intent to defraud or harm another |
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or alter, damage, or delete property, in which event the offense is: |
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(1) a state jail felony if the aggregate amount |
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involved is $2,500 or more but less than $30,000; |
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(2) a felony of the third degree if the aggregate |
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amount involved is $30,000 or more but less than $150,000; |
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(3) a felony of the second degree if: |
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(A) the aggregate amount involved is $150,000 or |
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more but less than $300,000; or |
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(B) the aggregate amount involved is any amount |
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less than $300,000 and the computer, computer network, or computer |
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system is owned by the government or a critical infrastructure |
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facility; or |
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(4) a felony of the first degree if the aggregate |
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amount involved is $300,000 or more. |
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(d) When benefits are obtained, a victim is defrauded or |
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harmed, or property is altered, damaged, or deleted in violation of |
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this section, whether or not in a single incident, the conduct may |
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be considered as one offense and the value of the benefits obtained |
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and of the losses incurred because of the fraud, harm, or |
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alteration, damage, or deletion of property may be aggregated in |
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determining the grade of the offense. |
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(e) A person who is subject to prosecution under this |
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section and any other section of this code may be prosecuted under |
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either or both sections. |
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SECTION 3. Section 33.03, Penal Code, is amended to read as |
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follows: |
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Sec. 33.03. DEFENSES. It is an affirmative defense to |
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prosecution under Section 33.02, 33.022, or 33.023(b)(1) that the |
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actor was an officer, employee, or agent of a communications common |
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carrier or electric utility and committed the proscribed act or |
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acts in the course of employment while engaged in an activity that |
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is a necessary incident to the rendition of service or to the |
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protection of the rights or property of the communications common |
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carrier or electric utility. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |