(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 the person:
(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.