Chapter 23b Access to Electronic Communications

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Chapter 23b
Access to Electronic Communications

77-23b-1 Definitions.

(1) As used in this chapter, “remote computing service” means provision to the public of computer storage or processing services by means of an electronic communications system.

(2) The definitions of terms in Section 77-23a-3 apply to this chapter.

Amended by Chapter 122, 1989 General Session

77-23b-2 Interference with access to stored communication -- Offenses -- Penalties.

(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.

Amended by Chapter 241, 1991 General Session

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