Clarifies crime of unlawful access concerning certain password protected communications in electronic storage.

A4782

ASSEMBLY, No. 4782

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Assemblyman� GREGORY P. MCGUCKIN

District 10 (Monmouth and Ocean)

SYNOPSIS

���� Clarifies crime of unlawful access concerning certain
password protected communications in electronic storage.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning unlawful access to certain
communications in electronic storage, and amending P.L.1993, c.29.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 21 of P.L.1993,
c.29 (C.2A:156A-27) is amended to read as follows:

���� 21.� Unlawful access to stored
communications.

���� a.���� A person is guilty of a
crime of the fourth degree if he (1) knowingly accesses without authorization a
facility through which an electronic communication service is provided or
exceeds an authorization to access that facility, and (2) thereby obtains, alters,
or prevents authorized access to a wire or electronic communication while that
communication is in electronic storage.�
For purposes of this subsection, a
person �knowingly accesses without authorization� or �exceeds an authorization
to access� if he obtains, alters, or prevents authorized access to a
communication that is protected by a password or other personal code, without
first knowing and inputting that password or other personal code, or otherwise
having the express consent of at least one of the parties to whom that password
or other personal code belongs.

���� b.��� A person is guilty of a
crime of the third degree if, for the purpose of commercial advantage, private
commercial gain, or malicious destruction or damage, he (1) knowingly accesses
without authorization a facility through which an electronic communication
service is provided or exceeds an authorization to access that facility, and
(2) thereby obtains, alters, or prevents authorized access to a wire or
electronic communication while that communication is in electronic storage.�
For
purposes of this subsection, a person �knowingly accesses without
authorization� or �exceeds an authorization to access� if he obtains, alters,
or prevents authorized access to a communication that is protected by a
password or other personal code, without first knowing and inputting that
password or other personal code, or otherwise having the express consent of at
least one of the parties to whom that password or other personal code belongs.

���� c.���� This section does not
apply to conduct authorized: (1) by the person or entity providing a wire or
electronic communication service; or (2) by a user of that service with respect
to a communication of or intended for that user; or (3) by section 10 of P.L.1968,
c.409 (C.2A:156A-10), section 13 of P.L.1968, c.409 (C.2A:156A-13), or by
section 23 or 24 of P.L.1993, c.29 (C.2A:156A-29 or C.2A:156A-30).

(cf: P.L.1993, c.29, s.21)

���� 2.��� This act shall take
effect immediately, and apply to any act of unlawful access occurring on or
after the effective date.

STATEMENT

���� This bill amends the
provisions of New Jersey�s wiretapping statute dealing with unlawful access to
stored communications, section 21 of P.L.1993, c.29 (C.2A:156A-27), to clarify
criminal liability concerning password protected wire or electronic communications
in electronic storage, such as e-mail accounts.

���� A person would be guilty of a
fourth degree crime if that person obtains, alters, or prevents authorized
access to any such communication that is protected by a password or other
personal code, without first knowing and inputting that password or other personal
code, or otherwise having the express consent of at least one of the parties to
whom that password or other personal code belongs.� As such, there would be no
implied consent and no defense from criminal liability for a person who
accessed communications after a party to those communications had failed to
properly log out or otherwise exit the electronic storage medium containing the
communications, leaving such communications unprotected by password or other
personal code.

���� A person would be guilty of a
third degree crime for unlawful access, if the person additionally acted for
the purpose of commercial advantage, commercial gain, or malicious destruction
or damage.

���� A fourth degree crime is
ordinarily punishable by a term of imprisonment of up to 18 months, a fine of
up to $10,000, or both.� A third degree crime is ordinarily punishable by a
term of imprisonment of three to five years, a fine of up to $15,000, or both.

���� This clarification to criminal
liability for unlawful access would also clarify liability in any civil action
brought by an aggrieved person whose communications were accessed, due to the
availability of such civil actions arising from criminal unlawful access, as
set forth in section 26 of P.L.1993, c.29 (C.2A:156A-32).