<http://capitol.tlc.state.tx.us/statutes/codes/PE000021.html>
Reading the Texas Penal Code, Chapter 33, Computer Crimes,
makes me think that port scanning is probably considered a
Class B Misdemeanor in Texas.
Section 33.01 defines "Access" as:
(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.
Under this definition, a port scan is certainly an "access" of
a computer.
Then, in section 33.02, Breach of Computer Security, we find that
(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.
Thus, if a port scan is an "access" of a computer, the person
performing the port scan is committing an offense.
Continuing on with the penalties:
(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.
Thus, in a simple port scan with no subsequent break-in, the
scanner is guilty of a Class B misdemeanor (see section 12.03
for classification of misdemeanors).
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