2006 Minnesota Code
Chapters 625 - 634 Criminal Procedure
Chapter 626A Privacy of Communications
Section 626A.26 UNLAWFUL ACCESS TO STORED COMMUNICATIONS.

626A.26 UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
Subdivision 1. Offense. Except as provided in subdivision 3, whoever:
(1) intentionally accesses without authorization a facility through which an electronic
communication service is provided; or
(2) intentionally exceeds an authorization to access that facility;
and thereby obtains, alters, or prevents authorized access to a wire or electronic communication
while it is in the electronic storage in a system must be punished as provided in subdivision 2.
Subd. 2. Punishment. The punishment for an offense under subdivision 1 is:
(1) if the offense is committed for purposes of commercial advantage, malicious destruction
or damage, or private commercial gain:
(i) a fine of not more than $250,000 or imprisonment for not more than one year, or both, in
the case of a first offense under this clause; and
(ii) a fine of not more than $250,000 or imprisonment for not more than two years, or both,
for any subsequent offense under this clause;
(2) a fine of not more than $5,000 or imprisonment for not more than six months, or both, in
any other case.
Subd. 3. Exceptions. Subdivision 1 does not apply with respect to conduct authorized:
(1) by the person or entity providing a wire or electronic communications service;
(2) by a user of that service with respect to a communication of or intended for that user; or
(3) in sections 626A.05 to 626A.09, 626A.28, or 626A.29.
History: 1988 c 577 s 47,62; 1989 c 336 art 2 s 8