Del. Code 11, § 2421 : Crimes And Criminal Procedure — Wiretapping, Electronic Surveillance And Interception Of Communications — Stored Wire And Electronic Communications And Transactional Records Access — Obtaining, altering or preventing authorized access

  • Date:

Current through 2016 Legislative Session, Act 399

(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.
Del. C. § 2421
72 Del. Laws, c. 232, § 1.;
SECTIONS