Illegal Computer Access

[oriole243]

What is the name of your state (only U.S. law)? MARYLAND

I am currently entering back into a custody battle with my ex-husband. Shortly after he found out I bought a house with my fiance, he filed a criminal charge against me for "Illegal Computer Access". This stems from a day where I was with our child who is four years old (at his house while he was outside doing work ) and she was using her ipad. She accessed it knowing the passcode he set and was watching a show on Netflix. He is accusing me of illegal access when this is an ipad used by our child. I don't understand how he has a case, but how could I have been in the wrong? I didn't access any email or apps, etc.

 

[quincy]

What is the name of your state (only U.S. law)? MARYLAND

I am currently entering back into a custody battle with my ex-husband. Shortly after he found out I bought a house with my fiance, he filed a criminal charge against me for "Illegal Computer Access". This stems from a day where I was with our child who is four years old (at his house while he was outside doing work ) and she was using her ipad. She accessed it knowing the passcode he set and was watching a show on Netflix. He is accusing me of illegal access when this is an ipad used by our child. I don't understand how he has a case, but how could I have been in the wrong? I didn't access any email or apps, etc.

The police complaint should go nowhere if the complaint is based on your four year old accessing your ex-husband's account to watch a movie. No criminal charge should result.

Your ex-husband should really change his passcode to one that a four year old cannot figure out.

 

[oriole243]

I agree with him changing the passcode, since apparently he uses the ipad, too (no need for a toddler to have access to whatever he does). Unfortunately for me, he has a few friends in law enforcement, one of whom took the report. This also occurred months ago, and I suspect he's bringing it up now for retaliation. I have a trial date already set, and since he didn't feel the need to get an attorney, it's the State who will attempt to prosecute me.

 

[quincy]

I agree with him changing the passcode, since apparently he uses the ipad, too (no need for a toddler to have access to whatever he does). Unfortunately for me, he has a few friends in law enforcement, one of whom took the report. This also occurred months ago, and I suspect he's bringing it up now for retaliation. I have a trial date already set, and since he didn't feel the need to get an attorney, it's the State who will attempt to prosecute me.

Although a report may have been taken by your ex-husband's law enforcement "friends," it will be up to the prosecutor to decide if there is evidence enough to pursue any charge. It seems highly unlikely a charge will result from a police complaint or that you will be prosecuted or, if for some strange reason you are prosecuted, that you will be convicted (based strictly on what you have said).

You can consult with an attorney in Maryland if you are concerned.

 

[Zigner]

...since he didn't feel the need to get an attorney, it's the State who will attempt to prosecute me.

If this is a CRIMINAL charge, then it's proper for the state to charge you. Your ex wouldn't have anything to do with it except as a witness. If you have a trial date, then I would recommend that you, at the very least, consult with an attorney.

 

[Zigner]

Although a report may have been taken by your ex-husband's law enforcement "friends," it will be up to the prosecutor to decide if there is evidence enough to pursue any charge.

The OP says that there is already a trial date.

 

[oriole243]

Correct, there is a trial date set. It was initially set for November, but just yesterday was moved up to this coming Monday. I have an attorney, but I'm just trying to do my part to be informed about everything. I'm someone who has never gotten as much as a speeding ticket, so the entire thing is just freaking me out.

 

[Zigner]

I have an attorney...

Then speak to your attorney...really.


(It always amazes me that folks think that a bunch of random strangers on the internet would have more/better information about their case than the attorney who [presumably] knows all of the details.)

 

[quincy]

The OP says that there is already a trial date.

I was assuming the trial that was mentioned was part of the "custody battle" and not about the computer access, but I apparently read the original post wrong.

Unless there is FAR more to the computer access than what has been told here, the access as described does not violate Maryland's criminal computer law. I cannot see a prosecutor pursuing a charge successfully, even if the prosecutor and the ex-husband are best friends. Unless the judge is an idiot.

Here is a link to the law: http://law.justia.com/codes/maryland/2005/gcr/7-302.html

It is good that you have an attorney.