Is It Illegal to Hack Someone’s Phone in Texas?

Aug 19, 2025 Criminal Law

Hacking a phone in Texas is more than just a breach of privacy; it’s a criminal offense that can carry serious penalties. Under both Texas and federal law, accessing someone else’s phone without permission can lead to criminal charges, regardless of whether you steal anything or cause damage.

If you’re accused of this type of offense, you need to understand the laws that apply and the potential consequences that could follow a conviction.

Texas Law on Unauthorized Access to Electronic Devices

In Texas, phone hacking is generally prosecuted under Texas Penal Code § 33.02. This law makes it illegal to knowingly access a computer, network, or system without the owner’s consent. Since smartphones are considered computers under Texas law, unauthorized access to a phone falls within this statute.

Charges can range from a Class B misdemeanor to a first-degree felony, depending on factors like:

The nature of the access and what data was obtained
Whether sensitive personal information was involved
The value of any stolen information or financial loss caused
Whether the offense was committed against a government or a critical infrastructure system

If the alleged hacking involves certain circumstances, such as identity theft, additional charges may apply under other state and federal laws.

Potential Penalties for Phone Hacking in Texas

The penalties for hacking a phone in Texas vary depending on the severity of the offense and the unique facts and circumstances of the case.

Potential punishments include:

Class B misdemeanor: Up to 180 days in jail and a $2,000 fine
Class A misdemeanor: Up to one year in jail and a $4,000 fine
State jail felony: 180 days to 2 years in a state jail facility and a fine of up to $10,000
Third-degree felony: 2 to 10 years in prison and a fine of up to $10,000
Second-degree felony: 2 to 20 years in prison and a fine of up to $10,000
First-degree felony: 5 to 99 years in prison and a fine of up to $10,000

These penalties can increase from here if specific factors are present, such as if you have a prior criminal record.

Defenses You Can Raise Against a Phone Hacking Charge

Being accused of hacking someone’s phone does not mean you will be convicted.

A skilled criminal defense lawyer can evaluate the evidence against you and explore legal responses such as:

You had consent from the phone’s owner
You accessed the device by accident, without intent to commit a crime
The evidence was obtained through an unlawful search or seizure
The state cannot prove you were the person who accessed the device

Your attorney may also negotiate with prosecutors to reduce the charges or penalties, especially if no harm was caused.

How Federal Law Applies to Phone Hacking Cases in Texas

In addition to Texas statutes, phone hacking can also be prosecuted under federal law. The Computer Fraud and Abuse Act (CFAA) makes it illegal to access a protected computer (such as a smartphone connected to the internet) without authorization.

Federal prosecution is more likely if, for instance:

The alleged hacking crossed state or national lines
The case involves large-scale data theft or financial fraud
Government or corporate systems were targeted
The value of the stolen data is significant

If your case involves state and federal charges, you could face prosecution in both court systems. Having a defense lawyer on your side who understands how to navigate overlapping jurisdictions is essential in these circumstances.

Contact a San Antonio Criminal Defense Lawyer at Barton & Associates Attorneys at Law, PLLC for Help With Your Case

Phone hacking allegations in Texas are taken seriously by prosecutors and law enforcement. A conviction can lead to severe penalties imposed by the court as well as lasting damage to your reputation and future opportunities. If you’re facing charges or an investigation, contact an experienced San Antonio criminal defense attorney at Barton & Associates Attorneys at Law,, for legal help as soon as possible.

Barton & Associates Attorneys at Law, PLLC San Antonio
115 Camaron St, San Antonio, TX 78205
(210) 500 0000

Barton & Associates Attorneys at Law, PLLC Corpus Christi
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
(361) 8006 780