| (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:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 77-23b-2
| (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 |
|
Amended by Chapter 241, 1991 General Session
