2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5741 - Unlawful access to stored communications.

                               SUBCHAPTER C
                STORED WIRE AND ELECTRONIC COMMUNICATIONS
                     AND TRANSACTIONAL RECORDS ACCESS

     Sec.
     5741.  Unlawful access to stored communications.
     5742.  Disclosure of contents and records.
     5743.  Requirements for governmental access.
     5744.  Backup preservation.
     5745.  Delayed notice.
     5746.  Cost reimbursement.
     5747.  Civil action.
     5748.  Exclusivity of remedies.
     5749.  Retention of certain records.

        Enactment.  Subchapter C was added October 21, 1988,
     P.L.1000, No.115, effective immediately.
     § 5741.  Unlawful access to stored communications.
        (a)  Offense.--Except as provided in subsection (c), it is an
     offense to obtain, alter or prevent authorized access to a wire
     or electronic communication while it is in electronic storage by
     intentionally:
            (1)  accessing without authorization a facility through
        which an electronic communication service is provided; or
            (2)  exceeding the scope of one's authorization to access
        the facility.
        (b)  Penalty.--
            (1)  If the offense is committed for the purpose of
        commercial advantage, malicious destruction or damage, or
        private commercial gain, the offender shall be subject to:
                (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; or
                (ii)  a fine of not more than $250,000 or
            imprisonment for not more than two years, or both, for
            any subsequent offense.
            (2)  In any other case, the offender shall be subject to
        a fine of not more than $5,000 or imprisonment for not more
        than six months, or both.
        (c)  Exceptions.--Subsection (a) of this section does not
     apply with respect to conduct authorized:
            (1)  by the person or entity providing a wire or
        electronic communication service;
            (2)  by a user of that service with respect to a
        communication of or intended for that user; or
            (3)  in section 5743 (relating to requirements for
        governmental access) or 5744 (relating to backup
        preservation).