E-mail Hacking

[Wesley]

1. My estranged wife has hacked in to my personal e-mail account. Is this a crime in California and/or Federally?

2. Can she use information from that hacking against me in family court?

3. If the answer to 1. is yes can I pursue this civilly as well?  

[Ashley]

Hi Brendan,

Yes she committed a crime in Cal. $10,000 fine and up to 3 years in prison.

CALIFORNIA CODES                                   PENAL CODE                        PART 1. OF CRIMES AND PUNISHMENTS                      TITLE 13. OF CRIMES AGAINST PROPERTY                           CHAPTER 5. LARCENY [THEFT] s 502. Unauthorized access to computers, computer systems and computer data

go to this subsection - c) Except as provided in subdivision(h), any person who commits any of the following acts is guilty of a public offense:  (1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either(A) devise or execute any scheme or artifice to defraud, deceive, or extort, or(B) wrongfully control or obtain money, property, or data.  (2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.  (3) Knowingly and without permission uses or causes to be used computer services.  (4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.  (5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.  (6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.  (7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network.  (8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network.  (d)(1) Any person who violates any of the provisions of paragraph(1),(2),(4), or(5) of subdivision(c) is punishable by a fine not exceeding ten thousa

nd dollars($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.  (2) Any person who violates paragraph(3) of subdivision(c) is punishable as follows:  (A) For the first violation which does not result in injury, and where the value of the computer services used does not exceed four hundred dollars($400), by a fine not exceeding five thousand dollars($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.  (B) For any violation which results in a victim expenditure in an amount greater than five thousand dollars($5,000) or in an injury, or if the value of the computer services used exceeds four hundred dollars($400), or for any second or subsequent violation, by a fine not exceeding ten thousand dollars($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.  (3) Any person who violates paragraph(6),(7), or(8) of subdivision(c) is punishable as follows:  (A) For a first violation which does not result in injury, an infraction punishable by a fine not exceeding two hundred fifty dollars($250).  (B) For any violation which results in a victim expenditure in an amount not greater than five thousand dollars($5,000), or for a second or subsequent violation, by a fine not exceeding five thousand dollars($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.  (C) For any violation which results in a victim expenditure in an amount greater than five thousand dollars($5,000), by a fine not exceeding ten thousand dollars($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.  (e)(1) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, or data may bring a civil action against any person convicted under this section for compensatory damages, including any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, damaged, or deleted by the access.  For the purposes of actions authorized by this subdivision, the conduct of an unemancipated minor shall be imputed to the parent or legal guardian having control or custody of the minor, pursuant to the provisions of Section 1714.1 of the Civil Code.  (2) In any action brought pursuant to this subdivision the court may award reasonable attorney's fees to a prevailing party.

And no she can not use illegally obtained information in court against you. And yes you take her to civil court for damages.

Be well and good luck..