Texas § PE.16.04 - UNLAWFUL ACCESS TO STORED COMMUNICATIONS
Full text of Texas The Texas Constitution § PE.16.04 — UNLAWFUL ACCESS TO STORED COMMUNICATIONS, with citation guidance and answers to common questions.
§ PE.16.04. UNLAWFUL ACCESS TO STORED COMMUNICATIONS
UNLAWFUL ACCESS TO STORED COMMUNICATIONS. (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. 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: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § PE.16.04
What does The Texas Constitution § PE.16.04 cover?
Section PE.16.04 ("UNLAWFUL ACCESS TO STORED COMMUNICATIONS") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § PE.16.04?
A common citation format is "The Texas Constitution § PE.16.04" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § PE.16.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.