# Courts and Judicial Proceedings (GCJ)

## Title 10. Evidence

### Subtitle 4A. Stored Wire and Electronic Communications and Transactional Records Access

#### Section 10-4A-02

(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.

(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.

(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.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)