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.
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 one year, 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.
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