How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27692
Experience:  Lawyer
26798026
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

is it legal ,in virginia, to spy on husband cell phone,if he

This answer was rated:

is it legal ,in virginia, to spy on husband cell phone,if he is cheating
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

It would be illegal to, for example, record all conversations made using the cell phone, because Virginia law requires that at least one party to each conversation consent to its being recorded. It would not be illegal to record a conversation that you have with someone, or to ask a friend to record their own conversation with the person.

Virginia law defines "computer" broadly enough to include most smart phones. Code of Virginia, Section 18.2-152.2. Computer trespass prohibits using another person's computer, without permission, for a variety of purposes, including changing, altering or destroying information, or making unauthorized copies. Section 18.2-152.4. Forwarding text messages or copying them would be considered a violation of this section.

A person is considered not to have permission if he knows, or reasonably should know, that he would not be allowed to access the device. Using a computer to examine someone's private information, such as identifying information or financial information, is invasion of privacy, which is a Class 1 misdemeanor. Section 18.2-152.5. Installing any sort of tracking software would also not be allowed.

The fact that a spouse is believed to be cheating would not be a defense if the person is charged with conduct that falls under the behavior that is prohibited by the statute.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq. and 2 other Legal Specialists are ready to help you