Delaware Code Title 11 Sec. 2421 – Obtaining, altering or preventing authorized access
(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.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,300 |
| Class B misdemeanor | up to 6 months | up to $1,150 |
Terms Used In Delaware Code Title 11 Sec. 2421
- Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any electromagnetic, photoelectronic or photooptical system. See Delaware Code Title 11 Sec. 2401
- Electronic communication service: means any service that provides to users of the service the ability to send or receive wire, oral or electronic communications. See Delaware Code Title 11 Sec. 2401
- Electronic communications system: means any wire, oral, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire, oral or electronic communications, and any computer facilities or related electronic equipment for the wire, oral or electronic storage of electronic communications. See Delaware Code Title 11 Sec. 2401
- Electronic storage: includes any storage of a wire, oral or electronic communication by an electronic communication service for purposes of backup protection of the communication. See Delaware Code Title 11 Sec. 2401
- Person: means any employee or agent of this State or a political subdivision thereof, or any individual, partnership, association, joint stock company, trust or corporation. See Delaware Code Title 11 Sec. 2401
- User: means any person or entity that uses an electronic communication service and is duly authorized by the provider of the service to engage in that use. See Delaware Code Title 11 Sec. 2401
(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.