Expert: Chris Wagoner - 1/13/2012

Question
i recently discovered my former employer has taken my personal computer and copied my hard drive with out my authorization,
he claimed he took it for repairs , but didn't have any authorization to even touch it,
why is this important
i had personal & business documents , of a company i am a partner of
,the reason the computer was at his shop , is because he needed a computer that had my particular software to operate a wide format printer and do graphic design on.( i operated my computer)
i have physical proof this was done & on top of that they corrupted the hard drive.
thank you for your assitance

Answer
Hi Joseph,

Here is a link to the entire Texas Computer Crime State Statue:
http://www.statutes.legis.state.tx.us/docs/pe/htm/pe.33.htm

Important in your case are the following parts:
Sec. 33.01.  DEFINITIONS.  In this chapter:(1)  "Access" means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or computer system.

also:
#11#  "Data" means a representation of information, knowledge, facts, concepts, or instructions that is being prepared or has been prepared in a formalized manner and is intended to be stored or processed, is being stored or processed, or has been stored or processed in a computer.  Data may be embodied in any form, including but not limited to computer printouts, magnetic storage media, laser storage media, and punchcards, or may be stored internally in the memory of the computer.

ANd then:
#14#  "Harm" includes partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a computer virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor's conduct.#15#  "Owner" means a person who:#A#  has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;#B#  has the right to restrict access to the property;  or#C#  is the licensee of data or computer software.

Now those are definitions only, then the crime is from the following section:

Sec. 33.02.  BREACH OF COMPUTER SECURITY.  #a#  A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.#b#  An offense under this section is a Class B misdemeanor unless in committing the offense the actor knowingly obtains a benefit, defrauds or harms another, or alters, damages, or deletes property, in which event the offense is:

#1#  a Class A misdemeanor if the aggregate amount involved is less than $1,500;
#2#  a state jail felony if:#A#  the aggregate amount involved is $1,500 or more but less than $20,000;  or#B#  the aggregate amount involved is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter;
#3#  a felony of the third degree if the aggregate amount involved is $20,000 or more but less than $100,000;
#4#  a felony of the second degree if the aggregate amount involved is $100,000 or more but less than $200,000;  or
#5#  a felony of the first degree if the aggregate amount involved is $200,000 or more

Since you did not give them permission to access your data, then they violated 33.02 and you need to report it to the police where the business is located since that is the jurisdiction where the incident occurred.

Please excuse the delay in answering since i had to make sure to research your Texas Laws.

So I would call the police and make sure you have dates, times, names and such all ready for when they come to take the report. If you do not live in the same area as your work where this happened, you may get a better reaction than if you call them by going to the police station itself to file the report, plus it would not bring the police to your workplace until such a time as your ready to have them know about it.

Hope that information helps. If you have any more specific questions just let me know and I will try to help you out.