By Collin County Criminal Defense Lawyer Jeremy Rosenthal
The Texas Penal Code Section 33.02 criminalizes accessing another person’s computer or computer network without their effective consent. Specifically, subsection (a) of that provision says, “A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.”
A “Computer” is defined by Tex.Pen.C. 33.01(4) as “an electronic, magnetic, optical, electrochemical, or other high-speed data processing 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.” Even though I’m no tech guru, it would seem to me this definition would fit almost any smart phone such as an iPhone or Blackberry.
“Effective Consent” is defined by Tex.Pen.C. 1.07(19). That definition nullifies consent if the consent…
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