Section 16.04 - 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.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1058,Sec. 2.03, eff. 1/1/2019.Amended By Acts 1997, 75th Leg., ch. 1051, Sec. 11, eff. 9/1/1997.Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994Added by Acts 1989, 71st Leg., ch. 958, Sec. 3, eff. 9/1/1989.