(a) Offense.--Except as provided in subsection (c), it is an offense to obtain, alter or prevent authorized access to a wire or electronic communication while it is in electronic storage by intentionally: (1) accessing without authorization a facility through which an electronic communication service is provided; or (2) exceeding the scope of one's authorization to access the facility. (b) Penalty.-- (1) If the offense is committed for the purpose of commercial advantage, malicious destruction or damage, or private commercial gain, the offender shall be subject to: (i) a fine of not more than $250,000 or imprisonment for not more than one year, or both, in the case of a first offense; or (ii) a fine of not more than $250,000 or imprisonment for not more than two years, or both, for any subsequent offense. (2) In any other case, the offender shall be subject to a fine of not more than $5,000 or imprisonment for not more than six months, or both. (c) Exceptions.--Subsection (a) of this section does not apply with respect to conduct authorized: (1) by the person or entity providing a wire or electronic communication service; (2) by a or both. (c) Exceptions.--Subsection (a) of this section does not apply with respect to conduct authorized: (1) by the person or entity providing a wire or electronic communication service; (2) by a user of that service with respect to a communication of or intended for that user; or (3) in section 5743 (relating to requirements for governmental access) or 5744 (relating to backup preservation).
Pennsylvania Legal Code