Section 2421 - Obtaining, altering or preventing authorized access(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) Intentionally accessing with 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) Penalties. -- 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:a. For a first offense, the person shall be guilty of a class B misdemeanor and be fined not more than $250,000; andb. 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) In all other circumstances, the person shall be guilty of a class B misdemeanor and be fined not more than $5,000.(c) Applicability of section. -- 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 chapter. 72 Del. Laws, c. 232, § 1.;