Arrested for a Computer Crime?

Facing cyber crime charges in Austin can be a daunting experience. Offenses like hacking, cyber bullying, and online impersonation can lead to serious consequences if you're convicted, including a long time behind bars and a stiff fine. A criminal record could also be seriously detrimental to your future job prospects, reputation, and more.

Contact the Austin cyber crime lawyers at Cofer & Connelly, PLLC for experienced criminal defense.

Specific Cyber/Computer Crimes

Breach of Computer Security | Hacking – Texas Penal Code Section 33.02

According to Texas Penal Code Section 33.02, a breach of computer security happens when you knowingly get into a computer, computer network, or computer system without the owner's permission. Normally, this offense is treated as a Class B misdemeanor punishable by up to 180 days in jail, a fine of up to $2,000, or both. However, in two cases, it becomes a state jail felony punishable by 180 days to 2 years in jail and a fine of up to $10,000: first, if you've already been convicted of this crime two or more times; second, if the computer, network, or system you accessed without permission is owned by the government or is part of a critical infrastructure facility.

However, if you're an officer, employee, or agent of a communication carrier or electric utility and you commit a violation as part of your job and it's necessary for providing service or protecting the rights or property of the carrier or utility, you can use this as a defense in court.

Online Solicitation of a Minor – Texas Penal Code Section 33.021

Under Texas Penal Code Section 33.021, it is unlawful when someone 17 years or older uses the internet, email, text messages, or other electronic communication to either talk in a sexually explicit way with a minor, or send sexually explicit material to a minor. It's also when someone uses these methods to ask a minor to meet with the intent of engaging in sexual activities. This crime is a felony of the third degree punishable by 2-10 years in prison and up to a $10,000 fine, but it's upgraded to a second-degree felony punishable by 2-20 years in prison and a fine of up to $10,000 if the minor is younger than 14 or the offender thinks the minor is younger than 14 at the time of the crime.

Electronic Access Interference – Texas Penal Code Section 33.022

Under Texas Penal Code Section 33.022, it is illegal to intentionally disrupt or stop access to a computer system or network without the owner's consent. This offense is classified as a third-degree felony punishable by 2-10 years in prison and up to a $10,000 fine. However, it's important to note that it's not considered a crime if you're acting with the intention to help with a legal search or access to a computer system for valid law enforcement purposes. Also, it’s a defense if the person was working for a communication carrier or electric utility and committed the act as a part of their job to provide service or protect the company's rights or property.

Electronic Data Tampering | Ransomware | Distributed Denial of Service (DDOS) Attacks – Texas Penal Code Section 33.023

According to Texas Penal Code Section 33.023, electronic data tampering involves intentionally changing data as it moves between two computers in a network or system through deception and without a real business reason. It also includes putting ransomware on a computer, network, or system without permission. Ransomware is a type of software that locks access to a computer or its data and demands money or something else of value to remove the lock. This crime is usually a Class C misdemeanor punishable by up to a $500 fine. However, the severity can increase depending on the amount of money involved or if there's an intention to defraud or harm someone. For example, if the total amount is less than $100, it stays a Class C misdemeanor. For amounts over $2,500, it's a state jail felony punishable by 180 days to 2 years in jail and a fine of up to $10,000; over $30,000, a third-degree felony punishable by 2-10 years in prison and up to a $10,000 fine; over $150,000, a second-degree felony punishable by 2-20 years in prison and a fine of up to $10,000; and over $300,000, a first-degree felony punishable by 5 years to life in prison and a fine of up to $10,000.

Unlawful Decryption – Texas Penal Code Section 33.024

Under Texas Penal Code Section 33.024, unlawful decryption means intentionally decrypting private encrypted information through dishonest means and without a valid business purpose. Initially, this crime is considered a Class C misdemeanor punishable by up to a $500 fine. However, if the intent is to defraud or harm someone, the severity of the charge can increase based on the value involved.

If the amount is less than $100, it remains a Class C misdemeanor. As the amount increases, the charge can escalate: over $100 but less than $750 is a Class B misdemeanor punishable by up to 180 days in jail, a fine of up to $2,000, or both; over $750 but less than $2,500 is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000, or both; over $2,500 but less than $30,000 is a state jail felony punishable by 180 days to 2 years in jail and a fine of up to $10,000; over $30,000 but less than $150,000 is a third-degree felony punishable by 2-10 years in prison and up to a $10,000 fine; over $150,000 but less than $300,000 is a second-degree felony punishable by 2-20 years in prison and a fine of up to $10,000; and over $300,000 is a first-degree felony punishable by 5 years to life in prison and a fine of up to $10,000.

Voting Machine Tampering – Texas Penal Code Section 33.05

Tampering with an electronic voting machine, under Texas Penal Code Section 33.05, means knowingly accessing a computer or system that's part of a direct recording electronic voting system and using that access to interfere with voting processes, like preventing a legal vote, changing a legal vote, stopping a legal vote from being counted, or causing an illegal vote to be counted. This offense is considered a first-degree felony punishable by 5 years to life in prison and a fine of up to $10,000.

Online Impersonation | Phishing – Texas Penal Code Section 33.07

According to Texas Penal Code Section 33.07, online Impersonation occurs when a person uses someone else's name or persona without their permission and with the intent to harm, defraud, intimidate, or threaten anyone by creating a webpage or posting messages on social networking sites or other websites. Also, it includes sending emails or messages using another person's identifying details to make someone believe that the other person sent those communications, again with intent to harm or defraud. If you impersonate someone online, it's potentially a felony of the third degree punishable by 2-10 years in prison and up to a $10,000 fine. However, if your actions were not intended to defraud, harm, threaten, or intimidate someone, or if you didn’t intend to prompt a response from emergency personnel response, then the offense could be classified as a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000, or both.

Fraudulent Use or Possession of Identifying Information | Identity Theft – Texas Penal Code Section 33.51

Under Texas Penal Code Section 32.51, identity theft is where someone unlawfully acquires, has, transfers, or uses another person's personal details, like their name, social security number, or bank information, with the aim to harm or defraud them. If fewer than 5 items of information are used, it's a state jail felony, punishable by 180 days to 2 years in a state jail and a possible fine up to $10,000. For 5-9 items, it's a third-degree felony, punishable by 2 to 10 years in prison and a possible fine up to $10,000. For 10-49 items, it's a second-degree felony, punishable by 2 to 20 years in prison and a possible fine up to $10,000. For 50 or more items, it's a first-degree felony, punishable by 5 to 99 years or life in prison and a possible fine up to $10,000.

Unlawful Disclosure of Residence Address or Telephone Number | Doxing – Texas Penal Code Section 42.074

Under Texas Penal Code Section 42.074, it is unlawful when someone posts another person's home address or phone number on a public website intending to cause harm or a threat of harm to that person or their family. This act is normally a Class B misdemeanor punishable by up to 180 days in jail, a fine of up to $2,000, or both. However, if this unlawful posting leads to physical injury of the person or a family member, it becomes a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000, or both.

Cyber Bullying | Cyber Harassment – Texas Penal Code Section 42.07

According to Texas Penal Code Section 42.07, it is unlawful when a person uses electronic communication, like emails, texts, or social media to alarm, annoy, abuse, offend, embarrass, torment, or harass another person. This could include sending repeated electronic messages or posting repeated messages online in a way that's likely to cause emotional distress, abuse, or torment, especially if it's not related to a matter of public concern. Generally, this offense is a Class B misdemeanor, punishable by up to 180 days in jail and a fine up to $2,000. However, if the cyberbullying is against a child under 18 with the intent to induce the child to commit suicide or engage in self-harm resulting in serious bodily injury, or if the person has violated a restraining order related to cyberbullying, it becomes a Class A misdemeanor. This carries a penalty of up to one year in jail and a fine up to $4,000.

Cyber Stalking – Texas Penal Code Section 42.072

Under Texas Penal Code Section 42.072, cyber stalking is where a person repeatedly engages in threatening behavior directed at someone else through electronic means, such as email or social media, with the intent to cause bodily harm, or harm against their family, household, or property, or to make them feel harassed, intimidated, or fearful. This offense is classified as a third-degree felony, which carries a penalty of 2 to 10 years in prison and a fine up to $10,000. However, if the individual has a prior conviction for stalking or similar offenses under different jurisdictions, it becomes a second-degree felony punishable by 2-20 years in prison and a fine of up to $10,000.

Credit Card Fraud – Texas Penal Code Section 32.31

According to Texas Penal Code Section 32.31, credit card fraud means someone uses a credit or debit card to get a benefit in a dishonest way. This includes using a card that's not theirs, using a card without permission, or using a card that's expired, revoked, or fake. This offense is usually classified as a state jail felony. However, if the fraud is committed against an elderly person, it becomes a more serious crime, a third-degree felony. The penalty for a state jail felony can include jail time of up to two years and a fine up to $10,000, while a third-degree felony can lead to longer jail time, up to 10 years, and the same maximum fine.

Computer Crime Terminology

Under Texas cyber crime laws, certain terms are important to consider:

• Access: Using any part of a computer, network, or system, like storing, getting, changing, or using data or software.
• Computer Network: Connection of two or more computers or systems using various means like satellite or cables to share information.
• Computer Program: A series of instructions or codes that make a computer perform specific tasks or processes.
• Computer Services: Services provided by a computer or its support team, including time on the computer, data processing, and storage.
• Computer System: A combination of computers or networks with their software, documentation, and physical support.
• Computer Software: Programs and related documentation for the operation of a computer, system, or network.
• Computer Virus: A program put into a computer without consent, which can copy itself and affect the computer or its files.
• Critical Infrastructure Facility: Important facilities like power plants, water treatment, telecommunications, ports, and others vital for public services and safety.
• Data: Stored information in any form, including in a computer's memory, printouts, or on digital storage media.
• Decryption: Turning encoded information back into its original form, either using a key, breaking the code, or interrupting encryption services.
• Effective Consent: Permission given by someone allowed to do so, but not valid if obtained through deception or from someone unauthorized or unable to give it.
• Encrypted Private Information: Encoded data or communications on a computer or system that isn't public and is protected.
• Encryption: The process of encoding information to keep it confidential and secure from unauthorized access.
• Encryption Service: Services or technology that provide encryption capabilities.
• Privileged Information: Confidential information like health records, legal communication, and accountant-client details stored digitally.
• Property: Both physical and intangible assets, including computers, networks, data, and the use of these resources.

Potential Alternatives to Jail

If you're convicted of a cyber crime in Texas, you might not have to go to jail. One common option is community supervision, also known as probation. Under community supervision, you live in your community but must follow certain rules set by the court. These can include meeting regularly with a probation officer, maintaining employment, avoiding further criminal activity, and sometimes attending educational or rehabilitation programs.

Criminal Process for Individuals Facing Cyber Crime Charges

If you're investigated for a cyber crime in Texas, it might involve specialized units like the Computer Information Technology and Electronic Crime (CITEC) Unit or even the Texas Attorney General. They focus on crimes where computers or the Internet are used to commit or hide the crime. This includes hacking, identity theft, and tampering with records.

First, CITEC or other law enforcement agencies investigate. If they find enough evidence, you might be arrested. Then, you'll have a court hearing where the charges are explained, and you can plead guilty or not guilty. If you plead not guilty, your case will go to trial, where a judge or jury decides your guilt. If found guilty, the court will sentence you. This could mean jail, fines, or alternatives like community supervision.

Potential Defenses in Computer Crime Cases

A major defense is 'lack of intent.' Cyber crimes typically require intentional action. If your actions were accidental or you lacked the intent to commit a crime, this can be a strong defense. Proving that your actions were not deliberate might help in reducing or dismissing charges.

Another defense is 'authorized access.' If you accessed a computer, network, or system with the owner's permission, this can be a valid defense. Demonstrating that you had a reasonable belief that you were allowed access can be important.

'Job-related activities' can also be a defense, especially in breach of computer security cases and electronic access interference cases. If your actions were part of your duties while working for a communication carrier or electric utility, and they were necessary for service provision or protecting company rights, this might be used in your defense.

In addition, If law enforcement failed to follow legal protocols, like obtaining a proper search warrant or respecting your rights during investigation and arrest, this could lead to evidence being inadmissible in court.

The 'consent' defense is where you thought you had consent to access the system. Showing evidence of this belief can be a valid defense, especially if it was a reasonable assumption based on your interactions with the owner. Relatedly, 'mistake of fact' is a defense where you genuinely believed your actions were legal, or you had incorrect information that led to your actions. If you can prove this, it might significantly impact your case.

Finally, it’s important to consider that the burden of proof is on the prosecution, and they must establish your guilt beyond a reasonable doubt. If the evidence against you is weak, incomplete, or improperly obtained, your lawyer can argue for the dismissal of charges.

Remember, each computer crime charge comes with its own set of facts and circumstances. It's important to discuss your specific situation with your lawyer to determine the most appropriate defense strategy.

How Our Austin Cyber Crime Attorneys Can Help

In a cyber crime case, a criminal defense lawyer is your advocate. First of all, they'll explain the charges against you in a way you can understand, breaking down the legal language and what the potential consequences could be. They'll also guide you through the legal process, setting realistic expectations and helping you make informed decisions.

Your lawyer conducts a thorough investigation of your case. This includes examining the evidence, interviewing witnesses, and gathering facts that might support your defense. They look for any weaknesses in the prosecution's case, such as unreliable evidence or procedural errors.

In court, your lawyer advocates on your behalf. They present your defense, challenge the prosecution's evidence, and argue for the best possible outcome. Additionally, your lawyer negotiates with prosecutors. They might work to reduce charges, lessen penalties, or even secure a plea bargain if it's in your best interest.

Most importantly, your lawyer ensures your rights are respected every step of the way. They stand up for you in a system that can be overwhelming, ensuring you are treated fairly and your voice is heard.

Frequently Asked Questions

What is cyber crime? 
Cyber crime involves illegal activities using computers or the internet. This includes hacking, identity theft, and online fraud.

Can I go to jail for hacking? 
Yes, if you hack into systems without permission, especially government systems.

Is online scamming a cyber crime? 
Yes, online scamming, like phishing and identity theft, is a cyber crime and can lead to serious legal consequences.

What if I accidentally accessed someone's account? 
If accidental, you might argue lack of intent. However, you should still consult a lawyer as each case is different.

Are there defenses against cyber crime charges? 
Yes, common defenses include lack of intent, authorized access, or insufficient evidence.

How serious is online harassment? 
The severity depends on the nature and impact of the harassment.

What should I do if charged with a computer crime? 
Contact a lawyer immediately. They can advise you on your rights and the best course of action.

Can I be charged for someone else's actions on my computer? 
Possibly, if your computer is used for a cyber crime, you could be held responsible.

Is sharing someone's personal data online a crime? 
Yes, sharing personal data without consent, like in doxing, can be illegal.

Contact Our Austin Cyber Crime Attorneys Today

If you're facing criminal charges in Austin, Texas, it's important to understand your legal rights and options. Contact Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online for a consultation with a cyber crime attorney in Austin. Our team can provide the guidance and representation you need and deserve and will work tirelessly towards obtaining the best possible outcome for your case.