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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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what is the penalty for hacking into an ex-spouse email

Resolved Question:

what is the penalty for hacking into an ex-spouse email
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.
Hello there:

in which state would this act be committed?
Customer: replied 7 years ago.
Washington State
Expert:  Brandon M. replied 7 years ago.
At the very least, it would be a violation of RCW 9.73.030, intercepting a private communication, which is a gross misdemeanor and punishable by a maximum of $1,000 and 90 days in jail. Depending on the circumstances, there may be other crimes that were committed in the process, but this is the obvious one.

I hope that this helps.
Customer: replied 7 years ago.
I suspect my spouse has been in my account. While its just a suspicion for now, I'd like to know what my rights are and what actions can I take?
Expert:  Brandon M. replied 7 years ago.
You have the right to your privacy. You have the right to sue for the invasion of that privacy, and you have the right to be protected under the criminal laws pertaining to thee violation of that privacy as well.

But as you said, it right now is just a suspicion. He has the right to due process of law, which means (among other things) that he has the right to a fair hearing and to not be denied life, liberty or property unless the case against him can be proven by a jury of his peers.

Wait for him to slip up and memorialize it, or figure out something creative to prove what has happened. Until then, you are just someone who has a hunch.
Customer: replied 7 years ago.
Thanks for the quick responses...last question...any idea on how I would go about proving it? can i get records from the email company? do they have such records that they could provide in case of a lawsuit?
Expert:  Brandon M. replied 7 years ago.
You can subpoena whatever records may be available after a civil lawsuit is initiated. The business records can show the ISP of where the email is opened, and that could be used to match with any given computer that opened the email. But I am not going to sugar coat it--it is tough and going that route would likely require the enlistment of a technology expert. Even then, it is like proving anything else... sometimes you can do it, and sometimes you can't.

The better way in something like this is sometimes to set him up; include in the email information that he would act on only if he read the email. Thereafter, when/if he acts, you will have your evidence.
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