Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Tampering with Direct Recording Electronic Voting Machine

Tampering with Direct Recording Electronic Voting Machine

Chapter 33 of the Texas Penal Code defines computer related offenses.

“Tampering with Direct Recording Electronic Voting Machine”, as per § 33.05 of the Texas Penal Code, occurs when a 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:

  • prevents a person from lawfully casting a vote;

  • changes a lawfully cast vote;

  • prevents a lawfully cast vote from being counted; or

  • causes a vote that was not lawfully cast to be counted.

An offense under this section does not require that the votes as affected by the person's actions actually be the votes used in the official determination of the outcome of the election.

An offense under this section is a felony of the first degree.

Severity of Crime

First Degree Felony

  • Imprisonment in the institutional division for life, or

  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

  • In addition to imprisonment, may receive a fine not to exceed $10,000