Checking Your Partner’s Phone Could Be a Crime in Texas

Texans who have been in a toxic relationship may have experienced their partner rummaging through their phone.

This raises the question of Texas law regarding this situation and whether criminal charges can be filed.

In Texas, there isn't a straightforward law prohibiting someone from going through their partner's phone. However, several state statutes can make accessing another person's device or private communications a crime, especially without consent or if it involves hacking, interception, or unauthorized access.

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Can You Be Charged for Looking Through Your Partner's Phone in Texas?

Under the Texas Penal Code, a key statute is Section 33.02, which makes it an offense to intentionally access a computer, computer network, or computer system without the owner’s effective consent.

Texas courts have interpreted this to include smartphones and tablets, as modern phones are essentially small computers.

A first-offense unauthorized access can be charged as a Class B misdemeanor, punishable by fines and up to 180 days in county jail. Penalties increase if harmful intent or prior convictions are involved.

There’s also Section 16.02, which prohibits unlawful interception of wire, oral, or electronic communications.

As a one-party consent state, Texas allows recording conversations you're part of without informing the other person. However, intercepting communications you're not part of, like reading someone else's texts without permission, could violate interception laws.

Another relevant statute is Section 16.04, which governs unlawful access to stored communications.

This makes it illegal to intentionally gain unauthorized access to stored electronic communications, such as historical messages or location data.

This is generally a Class A misdemeanor, punishable by up to one year in jail and fines, or a felony if the conduct is intended to harm.

Importantly, these laws depend on the "effective consent of the owner."

If a partner willingly grants phone access and hasn't revoked it, accessing the phone isn't necessarily illegal.

However, if the passcode was unknown, the phone was taken without permission, or access involved bypassing security, Texas law could deem it unauthorized.

Read More: How Texas Handles Divorce When One Spouse Says No

If your partner goes through your phone without your consent, know that there are measures you can take. While most people won't escalate the situation, it's important to be aware of the options available.