Tex. Penal Code § 16.04 · Chapter 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE
UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 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.
Notes and commentary — not statutory text
History
Added by Acts 1989, 71st Leg., ch. 958, Sec. 3, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 1051, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 2.03, eff. January 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm
- Text hash
- sha256 a675d9d4c938d8e32666225d235dfa32676e58a38ead328611c4e2c7ba8e6208
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 18A.001DEFINITIONS.Printed as Article 18A.001, Code of Criminal Procedure
- Tex. Code Crim. Proc. ch. 18BINSTALLATION AND USE OF TRACKING EQUIPMENT; ACCESS TO COMMUNICATIONSPrinted as Chapter 18B, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 18B.001DEFINITIONS.Printed as Article 18B.001, Code of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.