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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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is it against the law in virginia to use cell phone spyware

Resolved Question:

is it against the law in virginia to use cell phone spyware to catch a cheating spouse if I bought the phones?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

Yes, it can be against the law. Criminal penalties can include imprisonment for one to five years or, at the discretion of a jury or judge, jail for up to 12 months and a fine of not more than $2,500, either or both. Va. Legis. 579.

A separate civil cause of action is authorized by statute for $100 per day of violation or $1,000, whichever is greater. Va. Code Ann. § 19.2-69.

Punitive damages, attorney fees, and litigation costs can be recovered under the statute as well. Va. Code Ann. § 19.2-69.

Depending upon the facts, a person could also be separately criminally charged with stalking.

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