(1)  Except under Subsection (3), a person who obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in the system shall be punished under Subsection (2) if he:

Terms Used In Utah Code 77-23b-2

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Person: means :Utah Code 68-3-12.5
(a)  intentionally accesses without authorization a facility through which an electronic communications 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, malicious destruction, 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