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Current as of May 05, 2022 | Updated by FindLaw Staff
(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:
(a) intentionally accesses without authorization a facility through which an electronic communications service is provided; or
(b) intentionally exceeds an authorization to access that facility.
(2) A person who commits a violation of Subsection (1) is:
(a) if the offense is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, guilty of a:
(i) third degree felony for the first offense under this subsection; and
(ii) second degree felony for any subsequent offense; and
(b) class B misdemeanor in any other case.
(3) Subsection (1) does not apply to conduct authorized:
(a) by the person or entity providing a wire or electronic communications service;
(b) by a user of that service with respect to a communication of or intended for that user; or
(c) under Sections 77-23a-10, 77-23b-4, and 77-23b-5.
Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-23b-2. Interference with access to stored communication--Offenses--Penalties - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-23b-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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