(a) In this section:
(1) “Direct recording electronic voting machine” has the meaning assigned by Section 121.003, Election Code.
(2) “Measure” has the meaning assigned by Section 1.005, Election Code.
(b) A person commits an offense if the person knowingly accesses a computer, computer network, computer program, computer software, or computer system that is a part of a voting system that uses direct recording electronic voting machines and by means of that access:
(1) prevents a person from lawfully casting a vote;
(2) changes a lawfully cast vote;
(3) prevents a lawfully cast vote from being counted; or
(4) causes a vote that was not lawfully cast to be counted.
Terms Used In Texas Penal Code 33.05
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(c) An offense under this section does not require that the votes as affected by the person’s actions described by Subsection (b) actually be the votes used in the official determination of the outcome of the election.
(d) An offense under this section is a felony of the first degree.
(e) Notwithstanding Section 15.01(d), an offense under Section 15.01(a) is a felony of the third degree if the offense the actor intends to commit is an offense under this section.
(f) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to investigate or prosecute an offense under this section.