2016 Minnesota Statutes
Chapters 625 - 634 — CRIMINAL PROCEDURE; PEACE OFFICERS; PRIVACY OF COMMUNICATIONS
Chapter 626A — WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS; INTERCEPTION
Section 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
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