What is Online Harassment?

On 20/09/2009, in Computer crimes, by admin

Sec. 33.07 of the Texas Penal Code makes it a third degree felony if a person uses the name or persona of another to create a web page or post on a commercial networking site without permission and with the intent to harm, defraud, intimidate, or threaten another person.

The code section makes it a Class A misdemeanor to send an email, IM, text or similar communication that references any identifying information belonging to any person without obtaining the person’s consent, with the intent to cause the recipient to believe that the other person authorized the communication, and with the intent to harm or defraud any person. If the intent is to solicit responses by emergency services, then the act is a third degree felony.

(Full text of this statute was not available at press time.)

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Is it a defense if a person who is charged with online solicitation of a minor, but the person with whom he was chatting wasn’t underage, and/or the meeting never occurred?

On 05/07/2009, in Computer crimes, by admin

No. It does not matter if the person to whom the actor is chatting is underage. 33.021 (1) states:

(1) “Minor” means:
(A) an individual who represents himself or herself to be younger than 17 years of age; or
(B) an individual whom the actor believes to be younger than 17 years of age.

Texas Penal Code Sec. 33.021:

(d) It is not a defense to prosecution under [TPC 33.021] Subsection (c) that:

(1) the meeting did not occur;
(2) the actor did not intend for the meeting to occur; or
(3) the actor was engaged in a fantasy at the time of commission of the offense.

(e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:

(1) the actor was married to the minor; or
(2) the actor was not more than three years older than the minor and the minor consented to the conduct.

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What is the "online solicitation of a minor"?

On 05/07/2009, in Computer crimes, by admin

This is covered by Texas Penal Code Sec. 33.021. The gist of the code is that if a person who is 17 or older “commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a minor; or
(2) distributes sexually explicit material to a minor”

The statute goes further, “A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.”

These actions are considered felonies.

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I figured out my ex-(spouse/employer/friend)’s computer password. What happens if I log into their account?

On 05/07/2009, in Computer crimes, Financial crimes, by admin

This conduct is covered by Sec. 33.02 of the Texas Penal Code “Breach of Computer Security.” (Depending on what happened after the breach, there may be other issues as well.)

Merely accessing the information is a Class B misdemeanor. If a harm occurs (such as a file being altered or deleted) or a benefit to the actor occurs (such as accessing financial accounts) the level of offense escalates. To calculate the offense, the State may aggregate all conduct.

For example, if Joe breaks into his ex-boss’s computer once and does nothing, it may be a misdemeanor. If Joe then breaks in three more times, and deletes files, or steals money, all four actions may be taken together to determine the appropriate level of offense.

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