(1) Except as provided in subsection (3) of this section, any person who (a) intentionally accesses without authorization a facility through which an electronic communication service is provided or (b) intentionally exceeds an authorization to access the facility and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such service is subject to the penalties provided in subsection (2) of this section. (2) The penalty for an offense under subsection (1) of this section is (a) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain (i) a Class I misdemeanor for the first offense and (ii) a fine or imprisonment for not more than two years, or both, for any subsequent offense and (b) a Class IV felony for any other offense. (3) Subsection (1) of this section shall not apply with respect to conduct authorized (a) by the person or entity providing an electronic communication service, (b) by a user of that service with respect to a communication of or intended for that user, or (c) by section 86-293 or 86-2,107.
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