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§ 10-4A-02. Legal access to wire or electronic communications

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 4a. Stored Wire and Electronic Communications and Transactional Records Access (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 10-4A-02
§ 10-4A-02. Legal access to wire or electronic communications
Currentness
Unauthorized access to wire or electronic communications prohibited
(a) 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 without 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.
Fines and penalties
(b) 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:
(i) For a first offense, a fine of not more than $250,000 or imprisonment for not more than 1 year, or both; and
(ii) For a second or subsequent offense, a fine of not more than $250,000 or imprisonment for not more than 2 years, or both; or
(2) In any other case, a fine of not more than $5,000 or imprisonment for not more than 6 months, or both.
Authorized access
(c) 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 subtitle.

Credits

Added by Acts 1988, c. 607, § 1, eff. July 1, 1988.
MD Code, Courts and Judicial Proceedings, § 10-4A-02, MD CTS & JUD PRO § 10-4A-02
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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