CHAPTER 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE
§ 16.04. UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
(a) In this section, "electronic
communication," "electronic storage," "user," and "wire
communication" have the meanings assigned to those terms in Article
18.21, Code of Criminal Procedure.
(b) A person commits an offense if the person obtains,
alters, or prevents authorized access to a wire or electronic
communication while the communication is in electronic storage by:
(1) intentionally obtaining access without
authorization to a facility through which a wire or electronic
communications service is provided; or
(2) intentionally exceeding an authorization for
access to a facility through which a wire or electronic
communications service is provided.
(c) Except as provided by Subsection (d), an offense under
Subsection (b) is a Class A misdemeanor.
(d) If committed to obtain a benefit or to harm another, an
offense is a state jail felony.
(e) It is an affirmative defense to prosecution under
Subsection (b) that the conduct was authorized by:
(1) the provider of the wire or electronic
(2) the user of the wire or electronic communications
(3) the addressee or intended recipient of the wire or
electronic communication; or
(4) Article 18.21, Code of Criminal Procedure.