Acceso Ilegal a Comunicaciones Almacenadas

Sec. 16.04. UNLAWFUL ACCESS TO STORED COMMUNICATIONS. (a) In this section: (1) "Electronic communication," "user," and "wire communication" have the meanings assigned by Article 18A.001, Code of Criminal Procedure. (2) "Electronic storage" has the meaning assigned by Statute text rendered on: 1/1/2025 - 78 - PENAL CODE Article 18B.001, 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 communications service; (2) the user of the wire or electronic communications service; (3) the addressee or intended recipient of the wire or electronic communication; or (4) Chapter 18B, Code of Criminal Procedure. Added by Acts 1989, 71st Leg., ch. 958, Sec. 3, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900