Utah criminal charge
Interference with access to stored communication in Utah
Interference with access to stored communication is a criminal offense under Utah law, defined by Utah Code Ann. § 77-23b-2. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 77-23b-2.
What is the penalty for interference with access to stored communication in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (First offense for commercial advantage, malicious destruction/damage, or private commercial gain — Applies when the violation of Subsection (1) is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, and it is the first such offense.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (First offense for commercial advantage, malicious destruction/damage, or private commercial gain — Applies when the violation of Subsection (1) is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, and it is the first such offense.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Subsequent offense for commercial advantage, malicious destruction/damage, or private commercial gain — Applies when the violation of Subsection (1) is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, and it is a subsequent offense.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Subsequent offense for commercial advantage, malicious destruction/damage, or private commercial gain — Applies when the violation of Subsection (1) is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, and it is a subsequent offense.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 6 months (General violation not for commercial advantage or gain — Applies to a violation of Subsection (1) in any case not involving commercial advantage, malicious destruction, or damage, or private commercial gain.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (General violation not for commercial advantage or gain — Applies to a violation of Subsection (1) in any case not involving commercial advantage, malicious destruction, or damage, or private commercial gain.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is interference with access to stored communication classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense for commercial advantage, malicious destruction/damage, or private commercial gain | Third Degree Felony | Applies when the violation of Subsection (1) is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, and it is the first such offense. | Utah Code Ann. § 77-23b-2(2)(a)(i) |
| Subsequent offense for commercial advantage, malicious destruction/damage, or private commercial gain | Second Degree Felony | Applies when the violation of Subsection (1) is committed for purposes of commercial advantage, malicious destruction, or damage, or private commercial gain, and it is a subsequent offense. | Utah Code Ann. § 77-23b-2(2)(a)(ii) |
| General violation not for commercial advantage or gain | Class B Misdemeanor | Applies to a violation of Subsection (1) in any case not involving commercial advantage, malicious destruction, or damage, or private commercial gain. | Utah Code Ann. § 77-23b-2(2)(b) |
Common questions about interference with access to stored communication in Utah
Is interference with access to stored communication a felony or a misdemeanor in Utah?
It depends on the circumstances: interference with access to stored communication ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 77-23b-2.
First offense for commercial advantage, malicious destruction/damage, or private commercial gain: Third Degree Felony (Utah Code Ann. § 77-23b-2(2)(a)(i)) · Subsequent offense for commercial advantage, malicious destruction/damage, or private commercial gain: Second Degree Felony (Utah Code Ann. § 77-23b-2(2)(a)(ii)) · General violation not for commercial advantage or gain: Class B Misdemeanor (Utah Code Ann. § 77-23b-2(2)(b))
What are the penalties for interference with access to stored communication in Utah?
Penalties for interference with access to stored communication in Utah depend on how it is classified — from a Class B Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers interference with access to stored communication?
Interference with access to stored communication is governed by Utah Code Ann. § 77-23b-2 (Interference with access to stored communication - Offenses - Penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.