Whoever intentionally uses or attempts to use encryption to do any of the following is guilty of criminal use of encryption and may be sentenced as provided in subdivision 2: (1) to commit, further, or facilitate conduct constituting a crime; (2) to conceal the commission of any crime; (3) to conceal or protect the identity of a person who has committed any crime; or (4) to prevent, impede, delay, or disrupt the normal operation or use of another's computer, computer program, or computer system. (a) A person who violates subdivision 1 may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if: (1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or (2) the person has two or more prior convictions for an offense under this section, section 609.88 , 609.89 , 609.891 , or 609.8913 , or similar laws of other states, the United States, the District of Columbia, tribal lands, and United States territories. (b) A person who violates subdivision 1, under circumstances not described in paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
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