Under PC 33.02 is an iPhone (or other smartphone, but under my case specific facts, an iPhone) a "computer" for purposes of prosecution under this section? Apparently unauthorized use of an iPhone that was more than merely seeing who the owner was, but included opening an application and viewing personal email. What say you experts?

Arguably, an iPhone fits the definition of computer in 33.01(4). But should it be a Class B misdemeanor, punishable by up to 180 days in jail, if someone takes your phone and plays Angry Birds? That sounds like something that would get you in the newspaper, and not in a good way. Now, if they just stole the iPhone, you're looking at a B (or maybe A), but that would make more sense to most folks... Interesting question.

John - Thanks. That is what I was thinking. We are talking about an employee looking at emails on an iPhone (personal) owned by another employee. It took a few steps to get to the email application and open the specific email. I agree that the definition looks like it works.

I also considered that few people would argue that an iPad is not a computer, and that an iPhone has (at least potentially) all of the functions of an iPad, if not more. Any contrary thoughts?

“Computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device.

Tex. Pen. Code Ann. § 33.01(4).

Seems to me an iPhone, iPad, Blackberry, or Rasberry Pi all fit the definition. My abacus would not since the definition excludes mechanical. Arguably, the old TI electronic calculators would seem to fit. The definition seems broadly drawn to avoid artful dodges by people who claim to access routers, switches, servers, modems, HDDs, SANs, etc., rather than computers.