Utah § 77-23b-2 Interference with access to stored communication -- Offenses -- Penalties.

Utah Statutes

§ 77-23b-2 — Interference with access to stored communication -- Offenses -- Penalties.

Utah·Title 77 Utah Code of Criminal Procedure·Ch. 77-23b Access to Electronic Communications

(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 the person:

(1)(a) intentionally accesses without authorization a facility through which an electronic communications service is provided; or

(1)(b) intentionally exceeds an authorization to access that facility.

(2)A person who commits a violation of Subsection (1) is:

(2)(a) if the offense is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, guilty of a:

(2)(a)(i) third degree felony for the first offense under this subsection; and

(2)(a)(ii) second degree felony for any subsequent offense; and

(2)(b) class B m

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(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 the person:
(1)(a) intentionally accesses without authorization a facility through which an electronic communications service is provided; or
(1)(b) intentionally exceeds an authorization to access that facility.
(2) A person who commits a violation of Subsection (1) is:
(2)(a) if the offense is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, guilty of a:
(2)(a)(i) third degree felony for the first offense under this subsection; and
(2)(a)(ii) second degree felony for any subsequent offense; and
(2)(b) class B misdemeanor in any other case.
(3) Subsection (1) does not apply to conduct authorized:
(3)(a) by the person or entity providing a wire or electronic communications service;
(3)(b) by a user of that service with respect to a communication of or intended for that user; or
(3)(c) under Sections 77-23a-10, 77-23b-4, and 77-23b-5.

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