Beginning around 1985, Texas lawmakers sought to address “computer crimes.” Today, Chapter 33 of the Texas Penal Code (aka, our laws) covers “Computer Crimes.” Early on, the principle evil of “computer crimes” was perceived as a threat to security—specifically, that someone with malicious intent might access data stored on another person’s computer without that person’s consent. Thus, the Legislature introduced Texas Penal Code section 33.02(a), making it a criminal offense to access another person’s computer or network.
Accessing a Computer, Network, or Computer System Without Consent of Owner
Under s33.02(a) of the Texas Penal Code, a person commits an offense if the person “knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.” An offense under this section is a Class B misdemeanor (up to 180 days in county jail, and/or a fine not to exceed $2,000.00), unless “the actor has been previously convicted two or more times” of any computer crime under Chapter 33, or the “computer, computer network, or computer system is owned by the government or a critical infrastructure facility,” in which case the offense is a state jail felony (180 days to 2 years in a state jail facility, and/or a fine not to exceed $10,000.00).
In 2014, it is clear that Texas Penal Code s33.02(a) (above) provides no means to make unlawful cyber-bullying, online impersonation, or other ill behavior associated with social networking sites. (And, indeed, it would have been remarkable for the Texas Legislature to portend such issues in the mid and late 1980’s.)
The rise of Facebook, Twitter, and other social networking sites in the late 1990’s and 00’s—and the bullying associated with these forums—brought the Legislature back to the drawing board with regard to computer crimes.
Social Networking-Related Crimes
The Supporters of the House Bill 2003, which made “on-line impersonation” a criminal offense, (later was codified as Texas Penal Code s33.07) contended that “appropriate punishments [were needed] for a new wave of serious crimes that have come about with the advent of social networking sites and text messaging…[and that] current law [did not] address instances of malicious social networking impersonation or text messaging harassment.” See House Research Organization Bill Analysis, HB 2003.
Opponents of House Bill 2003 argued that then current statutes covering “stalking” and “identity theft.” Misplaced criticism of Bill 2003 argued that it infringed upon constitutionally protected speech. These claims were rejected by the legislature, and House Bill 2003 became law in the form of Texas Penal Code 33.07.
Use of Another Person’s Name or Persona On a Social-Networking Site
Texas Penal Code s33.07(a) makes on-line impersonation (using another’s name or persona on a social net-working site) a third degree felony (2-10 years in prison, and/or a fine not to exceed $10,000.00). Specifically, 33.07(a) provides that a person commits the offense of on-line impersonation if “a person without obtaining the person’s consent, and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another to (1) create a webpage on a commercial social networking site or other Internet website, or (2) posts or sends one [1] or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board.”
Sending Electronic Message Referencing Another’s Identifying Information
Texas Penal Code s33.07(b) makes it an offense to “send an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person without obtaining the person’s consent with the intent to cause the recipient of the communication to reasonably believe that the other person authorized or transmitted the communication, and with the intent to harm or defraud the person.” An offense under this section is a Class A misdemeanor (up to 1 year in county jail, and/or a fine up to $4,000.00) unless a person commits the offense with “the intent to solicit a response by emergency personnel,” in which case the offense is a third degree felony (2-10 years in prison, and/or up to a $10,000.00 fine.)
Not Just Social Networks Anymore…
After HB 2003 was passed, making it unlawful to impersonate another person on-line, new legislation was submitted to expand the reach of Texas Penal Code s33.07. HB 1666 sought to broaden the scope of s33.07 to cover more than “social networking sites;” in fact, supporters wanted the reach of 33.07 to extend to “all internet sites.” See House Research Organization Bill Analysis, HB 1666. Thus, the language in the codified version of s33.07 now reads, “on a commercial social networking site or other Internet website.” See Texas Penal Code s33.07. The applicability of s33.07 regarding on-line impersonation and harassment now extends to virtually the entire internet.