85R5150 ADM-D
By: Capriglione H.B. No. 9
A BILL TO BE ENTITLED
AN ACT
relating to cybercrime; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Cybercrime
Act.
SECTION 2. Chapter 33, Penal Code, is amended by adding
Sections 33.022 and 33.023 to read as follows:
Sec. 33.022. ELECTRONIC ACCESS INTERFERENCE. (a) A person
commits an offense if the person intentionally interrupts or
suspends access to a computer system or computer network without
the effective consent of the owner.
(b) An offense under this section is a third degree felony.
(c) It is a defense to prosecution under this section that
the person acted with the intent to facilitate a lawful seizure or
search of, or lawful access to, a computer, computer network, or
computer system for a legitimate law enforcement purpose.
Sec. 33.023. ELECTRONIC DATA TAMPERING. (a) In this
section:
(1) "Malware" means computer software used to:
(A) gather data without the effective consent of
the owner of the data;
(B) gain access to a computer, computer network,
or computer system without the effective consent of the owner; or
(C) disrupt the operation of a computer, computer
network, or computer system without the effective consent of the
owner.
(2) "Ransomware" means malware that demands a ransom
payment to:
(A) restore access to a person's property; or
(B) not publish the person's data.
(b) A person commits an offense if the person:
(1) alters data as it transmits between two computers
in a computer network or computer system without the effective
consent of the owner; or
(2) introduces malware, including ransomware, onto a
computer, computer network, or computer system without the
effective consent of the owner.
(c) An offense under this section is a Class A misdemeanor,
unless the person acted with the intent to defraud or harm another
or alter, damage, or delete property, in which event the offense is:
(1) a state jail felony if the aggregate amount
involved is $2,500 or more but less than $30,000;
(2) a felony of the third degree if the aggregate
amount involved is $30,000 or more but less than $150,000;
(3) a felony of the second degree if:
(A) the aggregate amount involved is $150,000 or
more but less than $300,000; or
(B) 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
(4) a felony of the first degree if the aggregate
amount involved is $300,000 or more.
(d) When benefits are obtained, a victim is defrauded or
harmed, or property is altered, damaged, or deleted in violation of
this section, whether or not in a single incident, the conduct may
be considered as one offense and the value of the benefits obtained
and of the losses incurred because of the fraud, harm, or
alteration, damage, or deletion of property may be aggregated in
determining the grade of the offense.
(e) A person who is subject to prosecution under this
section and any other section of this code may be prosecuted under
either or both sections.
SECTION 3. Section 33.03, Penal Code, is amended to read as
follows:
Sec. 33.03. DEFENSES. It is an affirmative defense to
prosecution under Section 33.02, 33.022, or 33.023(b)(1) that the
actor was an officer, employee, or agent of a communications common
carrier or electric utility and committed the proscribed act or
acts in the course of employment while engaged in an activity that
is a necessary incident to the rendition of service or to the
protection of the rights or property of the communications common
carrier or electric utility.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2017.