1. (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. (1) Intentionally accessing with authorization a facility through which an electronic communication service is provided; or
   2. (2) Intentionally exceeding an authorization to access a facility through which an electronic communication service is provided.

2. (b) Penalties. — A person who violates the provisions of subsection (a) of this section is subject to the following penalties:

   1. (1) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain:

      1. a. For a first offense, the person shall be guilty of a class B misdemeanor and be fined not more than $250,000; and
      2. 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. (2) In all other circumstances, the person shall be guilty of a class B misdemeanor and be fined not more than $5,000.

3. (c) Applicability of section. — Subsection (a) of this section does not apply to conduct authorized:

   1. (1) By the person or entity providing a wire or electronic communications service;
   2. (2) By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or
   3. (3) Under the provisions of this chapter.

72 Del. Laws, c. 232, § 1