§ 626A.26 — UNLAWFUL ACCESS TO STORED COMMUNICATIONS

Minnesota § 626A.26

• Jurisdiction: Minnesota
• Part: CRIMINAL PROCEDURE; PEACE OFFICERS; PRIVACY OF COMMUNICATIONS
• Ch. 626A: WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS; INTERCEPTION

Text

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 364 days, 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 sections626.085, 626A.05to626A.09,or 626A.28.

Legislative History

1988 c 577 s 47,62;1989 c 336 art 2 s 8;2020 c 82 s 7;2023 c 52 art 6 s 16