§ 10-4A-02. Obtaining, altering, or preventing authorized access

   (a) In general. -- Except as provided in subsection (c) of this section, a person may not obtain, alter, or prevent authorized access to a wire or electronic communication while it is in electronic storage in an electronic communications system by:

   (1) Intentionally accessing without authorization a facility through which an electronic communication service is provided; or

   (2) Intentionally exceeding an authorization to access a facility through which an electronic communication service is provided.

(b) Penalties. -- A person who violates the provisions of subsection (a) of this section is subject to the following penalties:

   (1) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain:

      (i) For a first offense, a fine of not more than $ 250,000 or imprisonment for not more than 1 year, or both; and

      (ii) For a second or subsequent offense, a fine of not more than $ 250,000 or imprisonment for not more than 2 years, or both; or

   (2) In any other case, a fine of not more than $ 5,000 or imprisonment for not more than 6 months, or both.

(c) Application of section. -- Subsection (a) of this section does not apply to conduct authorized:

   (1) By the person or entity providing a wire or electronic communications service;

   (2) By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or

   (3) Under the provisions of this subtitle.

HISTORY: 1988, ch. 607.