§ 626A.26 — Unlawful Access to Stored Communications
Plain-Language Summary
It is a crime to intentionally access stored electronic communications without authorization. Penalties range from a fine of up to $5,000 and one year in jail for a first offense to a fine of up to $20,000 and five years in prison for repeat offenders. There are exceptions for service providers, authorized users, and law enforcement with proper legal authority.
626A.26 UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
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Subdivision 1.Offense.
Except as provided in subdivision 3, whoever:
(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that facility;
and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in the electronic storage in a system must be punished as provided in subdivision 2. §
Subd. 2.Punishment.
The punishment for an offense under subdivision 1 is:
(1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain:
(i) a fine of not more than $250,000 or imprisonment for not more than 364 days, or both, in the case of a first offense under this clause; and
(ii) a fine of not more than $250,000 or imprisonment for not more than two years, or both, for any subsequent offense under this clause;
(2) a fine of not more than $5,000 or imprisonment for not more than six months, or both, in any other case. §
Subd. 3.Exceptions.
Subdivision 1 does not apply with respect to conduct authorized:
(1) by the person or entity providing a wire or electronic communications service;
(2) by a user of that service with respect to a communication of or intended for that user; or
(3) in sections 626.085, 626A.05 to 626A.09, or 626A.28.
History:
1988 c 577 s 47,62; 1989 c 336 art 2 s 8; 2020 c 82 s 7; 2023 c 52 art 6 s 16
History: History: 1988 c 577 s 47,62; 1989 c 336 art 2 s 8; 2020 c 82 s 7; 2023 c 52 art 6 s 16