Delaware § 2421 Obtaining, altering or preventing authorized access

Delaware Statutes

§ 2421 — Obtaining, altering or preventing authorized access

Delaware·Title 11·Part Criminal Procedure Generally·Ch. 24 WIRETAPPING, ELECTRONIC SURVEILLANCE AND INTERCEPTION OF COMMUNICATIONS·Subch. Stored Wire and Electronic Communications and Transactional Records Access

(a)General provisions. —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 with 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: a. For a first offense, the perso

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(a)General provisions. —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 with 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:

a. For a first offense, the person shall be guilty of a class B misdemeanor and be fined not more than $250,000; and

b. For a second or subsequent offense, the person shall be guilty of a Class A misdemeanor and be fined not more than $250,000.

(2) In all other circumstances, the person shall be guilty of a class B misdemeanor and be fined not more than $5,000.

(c)Applicability 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 chapter.

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