Utah Code 77-23b-2. Interference with access to stored communication — Offenses — Penalties
Current as of: 2024 | Check for updates
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(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 he:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 77-23b-2
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) intentionally accesses without authorization a facility through which an electronic communications service is provided; or(1)(b) intentionally exceeds an authorization to access that facility.
(2) A person who commits a violation of Subsection (1) is:
(2)(a) if the offense is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, guilty of a:
(2)(a)(i) third degree felony for the first offense under this subsection; and
(2)(a)(ii) second degree felony for any subsequent offense; and
(2)(b) class B misdemeanor in any other case.
(3) Subsection (1) does not apply to conduct authorized:
(3)(a) by the person or entity providing a wire or electronic communications service;
(3)(b) by a user of that service with respect to a communication of or intended for that user; or
(3)(c) under Sections 77-23a-10 , 77-23b-4 , and 77-23b-5 .