(a) General provisions. — Except as provided in subsection (c) of this section, a person may not obtain, alter or prevent authorized access to a wire or electronic communication while it is in electronic storage in an electronic communications system by: (1) Intentionally accessing with authorization a facility through which an electronic communication service is provided; or (2) Intentionally exceeding an authorization to access a facility through which an electronic communication service is provided. (b) Penalties. — A person who violates the provisions of subsection (a) of this section is subject to the following penalties: (1) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain: a. For a first offense, the person shall be guilty of a class B misdemeanor and be fined not more than $250,000; and b. For a second or subsequent offense, the person shall be guilty of a Class A misdemeanor and be fined not more than $250,000. (2) In all other circumstances, the person shall be guilty of a class B misdemeanor and be fined not more than $5,000. (c) Applicability of section. — Subsection (a) of this section does not apply to conduct authorized: (1) By the person or entity providing a wire or electronic communications service; (2) By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or (3) Under the provisions of this chapter.
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