§ 626a-26

626A.26 UNLAWFUL ACCESS TO STORED COMMUNICATIONS. 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.

han 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 sections 626.085, 626A.05 to 626A.09, or 626A.28. 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