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(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.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 2421. Obtaining or preventing authorized access - last updated January 01, 2019 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-2421/
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