US Laws, Codes, Statutes & Cases

     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. 

    HIST: 1988 c 577 s 47,62; 1989 c 336 art 2 s 8 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.