| 1 | 1 | | 85R5150 ADM-D |
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| 2 | 2 | | By: Taylor of Collin S.B. No. 1020 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to cybercrime; creating criminal offenses. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. This Act may be cited as the Texas Cybercrime |
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| 10 | 10 | | Act. |
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| 11 | 11 | | SECTION 2. Chapter 33, Penal Code, is amended by adding |
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| 12 | 12 | | Sections 33.022 and 33.023 to read as follows: |
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| 13 | 13 | | Sec. 33.022. ELECTRONIC ACCESS INTERFERENCE. (a) A person |
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| 14 | 14 | | commits an offense if the person intentionally interrupts or |
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| 15 | 15 | | suspends access to a computer system or computer network without |
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| 16 | 16 | | the effective consent of the owner. |
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| 17 | 17 | | (b) An offense under this section is a third degree felony. |
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| 18 | 18 | | (c) It is a defense to prosecution under this section that |
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| 19 | 19 | | the person acted with the intent to facilitate a lawful seizure or |
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| 20 | 20 | | search of, or lawful access to, a computer, computer network, or |
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| 21 | 21 | | computer system for a legitimate law enforcement purpose. |
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| 22 | 22 | | Sec. 33.023. ELECTRONIC DATA TAMPERING. (a) In this |
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| 23 | 23 | | section: |
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| 24 | 24 | | (1) "Malware" means computer software used to: |
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| 25 | 25 | | (A) gather data without the effective consent of |
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| 26 | 26 | | the owner of the data; |
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| 27 | 27 | | (B) gain access to a computer, computer network, |
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| 28 | 28 | | or computer system without the effective consent of the owner; or |
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| 29 | 29 | | (C) disrupt the operation of a computer, computer |
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| 30 | 30 | | network, or computer system without the effective consent of the |
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| 31 | 31 | | owner. |
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| 32 | 32 | | (2) "Ransomware" means malware that demands a ransom |
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| 33 | 33 | | payment to: |
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| 34 | 34 | | (A) restore access to a person's property; or |
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| 35 | 35 | | (B) not publish the person's data. |
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| 36 | 36 | | (b) A person commits an offense if the person: |
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| 37 | 37 | | (1) alters data as it transmits between two computers |
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| 38 | 38 | | in a computer network or computer system without the effective |
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| 39 | 39 | | consent of the owner; or |
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| 40 | 40 | | (2) introduces malware, including ransomware, onto a |
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| 41 | 41 | | computer, computer network, or computer system without the |
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| 42 | 42 | | effective consent of the owner. |
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| 43 | 43 | | (c) An offense under this section is a Class A misdemeanor, |
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| 44 | 44 | | unless the person acted with the intent to defraud or harm another |
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| 45 | 45 | | or alter, damage, or delete property, in which event the offense is: |
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| 46 | 46 | | (1) a state jail felony if the aggregate amount |
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| 47 | 47 | | involved is $2,500 or more but less than $30,000; |
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| 48 | 48 | | (2) a felony of the third degree if the aggregate |
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| 49 | 49 | | amount involved is $30,000 or more but less than $150,000; |
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| 50 | 50 | | (3) a felony of the second degree if: |
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| 51 | 51 | | (A) the aggregate amount involved is $150,000 or |
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| 52 | 52 | | more but less than $300,000; or |
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| 53 | 53 | | (B) the aggregate amount involved is any amount |
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| 54 | 54 | | less than $300,000 and the computer, computer network, or computer |
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| 55 | 55 | | system is owned by the government or a critical infrastructure |
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| 56 | 56 | | facility; or |
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| 57 | 57 | | (4) a felony of the first degree if the aggregate |
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| 58 | 58 | | amount involved is $300,000 or more. |
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| 59 | 59 | | (d) When benefits are obtained, a victim is defrauded or |
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| 60 | 60 | | harmed, or property is altered, damaged, or deleted in violation of |
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| 61 | 61 | | this section, whether or not in a single incident, the conduct may |
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| 62 | 62 | | be considered as one offense and the value of the benefits obtained |
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| 63 | 63 | | and of the losses incurred because of the fraud, harm, or |
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| 64 | 64 | | alteration, damage, or deletion of property may be aggregated in |
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| 65 | 65 | | determining the grade of the offense. |
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| 66 | 66 | | (e) A person who is subject to prosecution under this |
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| 67 | 67 | | section and any other section of this code may be prosecuted under |
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| 68 | 68 | | either or both sections. |
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| 69 | 69 | | SECTION 3. Section 33.03, Penal Code, is amended to read as |
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| 70 | 70 | | follows: |
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| 71 | 71 | | Sec. 33.03. DEFENSES. It is an affirmative defense to |
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| 72 | 72 | | prosecution under Section 33.02, 33.022, or 33.023(b)(1) that the |
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| 73 | 73 | | actor was an officer, employee, or agent of a communications common |
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| 74 | 74 | | carrier or electric utility and committed the proscribed act or |
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| 75 | 75 | | acts in the course of employment while engaged in an activity that |
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| 76 | 76 | | is a necessary incident to the rendition of service or to the |
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| 77 | 77 | | protection of the rights or property of the communications common |
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| 78 | 78 | | carrier or electric utility. |
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| 79 | 79 | | SECTION 4. The change in law made by this Act applies only |
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| 80 | 80 | | to an offense committed on or after the effective date of this Act. |
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| 81 | 81 | | An offense committed before the effective date of this Act is |
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| 82 | 82 | | governed by the law in effect on the date the offense was committed, |
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| 83 | 83 | | and the former law is continued in effect for that purpose. For |
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| 84 | 84 | | purposes of this section, an offense was committed before the |
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| 85 | 85 | | effective date of this Act if any element of the offense occurred |
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| 86 | 86 | | before that date. |
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| 87 | 87 | | SECTION 5. This Act takes effect September 1, 2017. |
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