§ 5741. Unlawful access to stored communications.

234 words·~1 min read·/pa/title-18/chapter-57/5741

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 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).

18c5742s