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

198 words·~1 min read·/ut/title-77/chapter-23b/77-23b-2

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

Effective 5/7/2025

(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:

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

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

(2)A person who commits a violation of Subsection

(1)is:

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

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

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

(b)class B misdemeanor in any other case.

(3)Subsection

(1)does not apply to conduct authorized:

(a)by the person or entity providing a wire or electronic communications service;

(b)by a user of that service with respect to a communication of or intended for that user; or

(c)under Sections 77-23a-10 , 77-23b-4 , and 77-23b-5 .

Amended by Chapter 302 , 2025 General Session