Accused of a Computer or Internet Crime in Texas?
Here's What You're Up Against
You may not think of yourself as a hacker. Maybe you used an old password, opened a file you were not supposed to see, or left a digital trail you did not know existed. But computer and internet cases are charged aggressively in Texas, and they are often misunderstood by everyone involved.
At Christian, Nisbet & Casillas, we defend people accused of everything from unauthorized access to large-scale computer fraud. These cases are built on logs, devices, and timestamps. Our job is to test what that evidence actually shows and who it actually points to.
What Counts as a Computer Crime in Texas?
The main state law is Texas Penal Code §33.02, breach of computer security. A person commits that offense by knowingly accessing a computer, computer network, or computer system without the effective consent of the owner.
Two terms in that sentence do most of the work. Knowingly means the State has to prove what you were aware of. Effective consent means permission from someone authorized to give it, and consent can be limited: it is not effective if it was obtained by deception, given by someone without authority, or used for a purpose beyond the scope of the consent granted.
Related charges that come up in these investigations include:
Electronic data tampering (§33.023), which covers altering data in transit and introducing ransomware
Electronic access interference (§33.022), which covers intentionally interrupting access to a system or network
Online impersonation (§33.07), which covers using someone's name or persona online with intent to harm, defraud, intimidate, or threaten
Fraudulent use or possession of identifying information (§32.51), which often accompanies allegations about customer or employee data
Harassment (§42.07), which includes repeated electronic communications sent in a manner reasonably likely to harass, alarm, or torment someone
Tampering with evidence (§37.09) when files or devices are altered after an investigation begins
Unauthorized access to email accounts, which can also raise federal issues under the Stored Communications Act
Note what is not on that list: a requirement that money changed hands. The basic access offense does not require proof of financial loss, which is why cases involving no payout at all still end up in a courtroom.
“A login record is not the whole story. Your side of it has to be documented too.”
What Is Actually at Stake?
Texas grades these offenses by what is alleged, who owned the system, and how much is involved:
Unauthorized access by itself is generally a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
That same access becomes a state jail felony (180 days to 2 years) if the computer belongs to the government or a critical infrastructure facility, or if the person has two or more prior convictions under the computer crimes chapter.
Access with intent to defraud or harm another, or to alter, damage, or delete property, is graded by the aggregate amount involved: Class C misdemeanor under $100, Class B at $100, Class A at $750, state jail felony at $2,500, third-degree felony at $30,000, and second-degree felony at $150,000.
Second-degree felony treatment (2 to 20 years) also applies to any amount under $300,000 when the system is owned by the government or a critical infrastructure facility, and when the State alleges the person obtained someone's identifying information from a single computer.
First-degree felony treatment (5 to 99 years or life) applies when the aggregate amount is $300,000 or more, or when identifying information is obtained from more than one computer.
Federal charges are a separate track. The Computer Fraud and Abuse Act, 18 U.S.C. §1030, carries maximums from one year up to ten years depending on the subsection, and up to 20 years for a repeat damage offense. Unauthorized access to stored email can be charged under 18 U.S.C. §2701, with a one-year maximum that rises to five years when the access is for commercial advantage, malicious destruction, or in furtherance of a crime. Our article on facing federal charges explains how that process differs.
The courtroom is not the only exposure. Texas law also gives the alleged victim a civil cause of action for harmful access by computer, and an allegation alone can affect a professional license, a security clearance, a job, or a school enrollment.
What Has Changed Recently
A few developments are worth knowing, because they are the ones that actually changed the rules:
Federal law narrowed in 2021. In Van Buren v. United States, the Supreme Court held that a person does not violate the federal computer fraud statute merely by misusing access they already have. The question is whether the information was off limits, not whether the reason for looking was improper.
Texas expanded its deepfake law in 2025. Senate Bill 441 broadened Penal Code §21.165 from explicit videos to explicit media, removed the intent-to-deceive requirement, and added an offense for threatening to produce or distribute that material. It took effect September 1, 2025.
Texas added an AI statute effective January 1, 2026. House Bill 149, the Texas Responsible Artificial Intelligence Governance Act, restricts certain uses of AI systems and is enforced by the Attorney General through civil penalties rather than by private lawsuits.
What has not changed is the core of a Texas case: access, consent, intent, and amount. Those are still what the State has to prove.
Why These Cases Are Often Misunderstood
Digital evidence looks precise. An IP address, a device ID, a login timestamp, and a file path all feel like certainty. What they show is that an account or a device was used, not necessarily who was using it.
Shared passwords, household networks, company devices used by several people, automatic syncing, and vague or unwritten IT policies all complicate the picture. So does the gap between what a company's policy says and what everyone there actually did day to day.
“If the case turns on who was behind the keyboard, the evidence has to prove it.”
How We Defend Computer and Internet Crime Charges
1. We Start With Access and Consent
We examine who owned the system, who had authority to grant access, what was actually communicated, and whether permission had ended. If you had consent, or reasonably believed you did, that is where the defense starts.
2. We Test the Digital Evidence
We work through logs, device images, and metadata, with a forensic examiner when the case calls for one. Attribution, timestamps, and chain of custody all have to hold up before the State's story does.
3. We Separate a Business Dispute From a Crime
Many of these cases start with a former employer, a business partner, or an ex-spouse who went to police with one version of events. The underlying dispute matters, and so does the motive of the person reporting it.
4. We Challenge Intent and the Dollar Amount
Because the aggregate amount drives the offense level, the State's valuation deserves as much scrutiny as the access itself. Inflated loss figures and stacked counts for a single episode are both worth fighting.
5. We Watch the Federal Line
Some conduct draws federal attention, and the federal standard is not the same as the state standard. Knowing where a case may be headed changes what we do in the first weeks.
6. We Look for Early Resolutions
Where there is no real loss and no malicious intent, we work to keep a case from becoming a conviction, including before charges are filed when there is an opportunity to do so. No lawyer can promise that outcome, but early involvement creates more options.
Learn more about our approach to white collar criminal defense and criminal investigations.
What to Do If You've Been Accused
Don't give a statement to investigators, your employer, or your school before talking to a defense attorney
Don't delete files, wipe devices, uninstall apps, or "clean up" anything
Don't log back into the account or system in question
Preserve devices, emails, messages, and access logs exactly as they are
Write down who had your passwords and what access you were given, while you still remember
Keep any policy, contract, or onboarding document that describes what you were allowed to access
Avoid discussing the situation on company email, chat, or a company device
That second point matters more than people expect. Cleaning up a device after an investigation starts can turn a defensible case into a separate tampering charge.
“Cleaning up your devices can create a second case. Preserve first, then get advice.”
A Computer Case Can Follow You Beyond the Courthouse
These allegations attach to the part of your life that is easiest to search. A charge involving data, fraud, or dishonesty can affect employment, licensing, immigration status, and your reputation online long before a court decides anything.
That is why the goal is not just the next setting on the docket. It is understanding the full reach of the allegation and building a defense around it.
Final Thoughts
Digital life moves fast. A shared login, a bad click, or a job that ended badly can turn into a criminal accusation before you understand what is being alleged.
The law has not caught up with every part of online life, and you still have rights. The State still has to prove access, consent, and intent.
When the internet turns into a courtroom and your future is on the line, we're that call. Call us at (210) 224-5010 for a free consultation.
Frequently Asked Questions
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Under Texas Penal Code §33.02, a person commits breach of computer security by knowingly accessing a computer, computer network, or computer system without the effective consent of the owner. No money has to change hands and no files have to be taken. Basic unauthorized access is generally a Class B misdemeanor, with higher grades in the situations the statute lists.
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It can be. Unauthorized access alone is generally a Class B misdemeanor, but it becomes a state jail felony if the system belongs to the government or a critical infrastructure facility or the person has two or more prior convictions under the computer crimes chapter. When the State alleges intent to defraud or harm, the offense is graded by the aggregate amount involved and can reach a first-degree felony.
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Possibly. Texas law turns on the effective consent of the owner, and consent can end when a job ends, when a password is changed, or when access is used for a purpose beyond the scope of the consent granted. Whether a shared or old login counts as consent is a fact question, and it is often the central issue in these cases.
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That depends on which law applies. In 2021, the United States Supreme Court held in Van Buren v. United States that the federal computer fraud statute is not violated simply by misusing access a person already has. A Texas charge can still be brought in some of those situations, so the state and federal analysis are not the same.
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Yes. Texas law specifically covers accessing a business or government system in violation of a clear prohibition by the owner or a contract the person agreed to, when it is done with intent to obtain files or proprietary information to defraud or harm. Many of these cases begin as employment disputes before anyone calls police.
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It can. Altering, destroying, or concealing records once an investigation is pending or in progress can support a separate tampering with evidence charge, which is generally a third-degree felony. Preserving devices and messages and letting a defense attorney handle what gets produced is usually the safer path.
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Yes. Conduct involving protected computers, interstate systems, or federal agencies can be charged under the federal Computer Fraud and Abuse Act, and unauthorized access to stored email can fall under the federal Stored Communications Act. Federal exposure ranges from a one-year maximum to ten years or more, depending on the offense and any prior conviction.
