Computer hacking is more than just breaking into a system for fun. In Texas and under federal law, it can lead to serious criminal charges. Whether the act is done for money, revenge, or even curiosity, hacking is treated as a form of unauthorized access that can cause real harm.
Understanding the laws and penalties can help you see just how high the stakes are if you are accused.
What Counts as Computer Hacking?
In legal terms, hacking means accessing a computer, network, or online account without permission. This can involve breaking through security protections, stealing passwords, or exploiting system weaknesses.
The law focuses on intent and the outcome. Accessing a system to commit fraud, steal data, damage files, or cause disruption is treated more seriously than simply looking at information without permission. Still, both actions can lead to charges.
Federal Computer Hacking Laws
Under federal law, the main statute covering hacking is the Computer Fraud and Abuse Act (CFAA). This law applies to any “protected computer,” which includes computers belonging to the government, financial institutions, and any system involved in interstate or foreign communication.
The CFAA makes it illegal to:
- Access a computer without permission to get sensitive information
- Commit fraud through unauthorized access
- Intentionally damage systems or data
- Use extortion involving threats to damage a computer
- Sell or distribute stolen passwords
Penalties Under the CFAA
Federal hacking penalties can be harsh. They vary depending on the intent, damage caused, and whether the person has prior convictions.
- Obtaining national security information: up to 10 years for a first conviction, up to 20 for a second
- Accessing a computer to commit fraud: up to 5 years for a first conviction, up to 10 for a second
- Accessing and obtaining general information: up to 1 year for a first conviction, up to 10 for a second
- Intentionally damaging a computer: up to 10 years for a first conviction, up to 20 for a second
- Computer-related extortion: up to 5 years for a first conviction, up to 10 for a second
- Trafficking passwords: up to 1 year for a first conviction, up to 10 for a second
Cases involving more than $5,000 in losses, financial gain, or another connected crime are more likely to result in felony charges.
Other Federal Laws That May Apply
Two other major federal laws sometimes apply to hacking cases. The Electronic Communications Privacy Act (ECPA) makes it illegal to intercept communications without consent. The Stored Communications Act (SCA) deals with unauthorized access to stored data like emails, texts, and cloud files.
These laws often overlap with the CFAA and can add extra penalties to a case.
Texas State Hacking Laws
Texas has its own law called the Breach of Computer Security Act (BCS). This law covers unauthorized access to a computer, network, or online account. The penalties depend on the nature of the act, the target, and whether the accused has prior convictions.
Under Texas law:
- A first offense with low impact can be charged as a Class B misdemeanor, with up to 180 days in jail and a fine up to $2,000
- Offenses involving more than $2,500, critical infrastructure, government systems, or repeat offenders can be charged as felonies
Felony convictions carry higher prison time and fines, and they also have long-term effects on employment, professional licenses, and civil rights.
Ethical Hacking vs. Illegal Hacking
Not all hacking is illegal. Ethical hacking happens when someone is given permission to test or improve a system’s security. Without permission, even if the intent is to point out flaws, the act is still considered a crime.
Consequences of a Conviction
A hacking conviction can affect more than your criminal record. It can limit job opportunities, block access to certain professional licenses, affect education, and impact your right to vote or own firearms if it is a felony. The damage to reputation can also follow a person for years.
Possible Defenses Against Hacking Charges
Defending against hacking charges often requires showing that the access was authorized, unintentional, or based on a reasonable belief of consent. Other defenses may involve proving false allegations, challenging the evidence, or showing that law enforcement violated search and seizure rules.
Because hacking cases often involve technical evidence and multiple laws, building a strong defense usually means working with an attorney experienced in both state and federal criminal law.
Facing Hacking Charges in Dallas? Take Action
If you are being investigated or charged with hacking, you do not have to face it alone. The sooner you speak to a defense lawyer, the better your chances of protecting your rights and building a defense. These cases can move quickly, and penalties can be severe.
Call (214) 432-8860 to discuss your case and get clear answers about your legal options.