Section 626A.26 - UNLAWFUL ACCESS TO STORED COMMUNICATIONSSubdivision 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 sections 626.085, 626A.05 to 626A.09, or 626A.28.
1988 c 577 s 47, 62; 1989 c 336 art 2 s 8
Amended by 2020 Minn. Laws, ch. 82,s 7, eff. 8/1/2020.