77-23b-2 - Interference with access to stored communication -- Offenses -- Penalties.
               	 		 77-23b-2.    Interference with access to stored communication -- Offenses --Penalties.
      (1)  Except under Subsection (3), a person who obtains, alters, or prevents authorizedaccess to a wire or electronic communication while it is in electronic storage in the system shallbe punished under Subsection (2) if he:
      (a)  intentionally accesses without authorization a facility through which an electroniccommunications service is provided; or
      (b)  intentionally exceeds an authorization to access that facility.
      (2)  A person who commits a violation of Subsection (1) is:
      (a)  if the offense is committed for purposes of commercial advantage, maliciousdestruction, or damage, or private commercial gain, guilty of a:
      (i)  third degree felony for the first offense under this subsection; and
      (ii)  second degree felony for any subsequent offense; and
      (b)  class B misdemeanor in any other case.
      (3)  Subsection (1) does not apply to conduct authorized:
      (a)  by the person or entity providing a wire or electronic communications service;
      (b)  by a user of that service with respect to a communication of or intended for that user;or
      (c)  under Sections 77-23a-10, 77-23b-4, and 77-23b-5.
Amended by Chapter 241, 1991 General Session