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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
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My friend got into her ex boyfriends Facebook and deleted it

Customer Question

My friend got into her ex boyfriends Facebook and deleted it after realizing he had her PayPal attached to his games and had made many purchases last year!
Submitted: 9 months ago.
Category: Family Law
Expert:  ScottyMacEsq replied 9 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what your question is?

Customer: replied 9 months ago.
his family wants to prosecute her and she used my computer to do it! Do they have a case they have my IP address and we did not harm to his account just deleted it
Expert:  ScottyMacEsq replied 9 months ago.

Can you tell me what state this is in?

Customer: replied 9 months ago.
He is in Vermont we are in Minnesota. There is a domestic abuse case open in Vermont he was charged with 2 count domestic asult we just didn't want him to have access to her PayPal with his Facebook anymore. She was I ware of the $ he spent on games until recently
Expert:  ScottyMacEsq replied 9 months ago.

Thank you. One moment while I type a response.

Customer: replied 9 months ago.
Wasn't aware he spent 1000$ of her money without her knowing! We looked at Facebook questions and it said we had to access his account in order to change or delete that info
Expert:  ScottyMacEsq replied 9 months ago.

The fact that he was using your friend's Paypal account is a separate matter. That also could be a crime (theft) as it happened without authorization, but I'm sure you've heard the phrase "two wrongs don't make a right". Responding to one crime by committing another one doesn't mean that the second one was not committed. It could make a judge more lienient, or a prosecutor less likely to prosecute in the first place, but it is not a defense that would get you out of prosecution should it arise.

Minnesota (the law that would apply as that's where the crime occurred) has its own computer crime statute, Minn. Stat. § 609.87 et. seq.

609.891 UNAUTHORIZED COMPUTER ACCESS.
Subdivision 1.Crime. A person is guilty of unauthorized computer access if the person intentionally and without authorization attempts to or does penetrate a computer security system.

Subd. 4.Misdemeanor. A person who violates subdivision 1 is guilty of a misdemeanor and may be sentenced to imprisonment for a term of not more than 90 days or to payment of a fine of not more than $1,000, or both.

Now IF this was ever prosecuted, neither she nor you would likely get any jail time. That's the maximum amount that could be applied, and if it's a situation such as yours, it's unlike that the judge would actually impose any jail time. Community service might be more likely. And in light of the reason, again, it's less likely that the prosecution would prosecute, but it's by no means a sure thing one way or the other. So yes, it is possible that you could be prosecuted. It's not in the "harm" but the access to the account. The moment that you do so without permission, that is a crime.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 9 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 9 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 9 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 9 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this question. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 stars (good or better).

If you feel that I have gone above and beyond in my answer (spending over an hour with you today in this chat) bonuses are appreciated. My average question is answered and rated in 10 minutes.

Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 9 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 9 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 9 months ago.

Hello???

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