Interception of Electronic Communication

[ikecvfd2]

What is the name of your state? Texas

I was divorced in December of 2001. Sometime during the summer of 2001(I don't remember exactly when) My ex-wife, then my estranged wife, got into my email account and read an email I sent to a friend. She then showed it to her mother, who then told my mother about it. She got into my account using the password which she knew (only because I had the same password for everything) but she absolutely did not have permission to get into my email. We had never shared that account in the past. I know that is a violation of Texas Penal code 16.02 and also the US Code Title 18 Part 1 Ch.119 p2511, but the Texas Crime carries a much higher penalty. Can I have both state and federal charges filed against her, or just one? and how do you go about filing federal charges against someone?

 

[BelizeBreeze]

Nether.

It's over and done like a $2 steak.

 

[stealth2]

Don't you think it's time to move on?

 

[ikecvfd2]

Let me just say that I only want an answer form a qualified lawyer. I don't need people telling me to move on. There are many reasons that I connot move on for the sake of my daughter, so unless you area a lawyer who can give me professional advice please do not reply!

 

[stealth2]

Yeah yeah yeah - most of us are tied to ex's due to kids. Go ahead and waste money on a lawyer. And then explain to your kid why you're on a vendetta against her Mom.

 

[CdwJava]

Call the police, contact the DA, and check with the federal prosecutor and see if they will do anything. It has been my experience in similar circumstances that they won't (unless you suffered some tangible loss). And, to be frank, if we pursued every potential case of unauthorized e-mail access, we would have to hire lots of new detectives.

Good luck.

- Carl

 

[ikecvfd2]

Stealth2,

Not that it's any of your damn business or that I have to explain myself to you, but this is not a case of having a vendetta against my ex-wife. This is about trying to get my daughter out of an unsafe unstable environment. My ex-wife is unstable, and possibly violent, but I don't have the money for an attorney to pursue custody, so I am looking into any avenue possible to get my daughter out of there. I have moved on as far as the marriage is concerned because I am remarried, and have 2 children with my current wife. However, I am not willing to sacrifice my daughters safety just to look like I'm being nice to my ex. Now how 'bout you listen to people and butt out will they tell you to next time.

 

[stealth2]

Oh, maybe because it's a public board? The situation you described is unlikely to be enough to cause a change in custody. You're going to need more than that.

 

[BelizeBreeze]

And not that it's any of your business, but this statement in your original post "Sometime during the summer of 2001" is your problem (besides your attitude).

As to why it's your problem, well, since you have been such a prick it's up to you to figure that one out.

 

[CdwJava]

Ah! I completely brain-faded on the date! The statute of limitations has almost certainly passed for ANY criminal or civil charges based on the action. 3 1/2 years is sufficient time for the SOL to toll.

So, the answer would seem to be that you can do nothing about it.

- Carl

 

[ikecvfd2]

Actually the charge against the Texas Penal code is a 2nd degree felony with a statue of limitations of 5 years and which carris 2-20 years in prison, and up to $10,000 in fines. And I am not going to try to use her breaking the law as a reason to get custody, but as a means because she can't exactly have custody if she is in prison, now can she.

 

[ikecvfd2]

And not that it's any of your business, but this statement in your original post "Sometime during the summer of 2001" is your problem (besides your attitude).

As to why it's your problem, well, since you have been such a prick it's up to you to figure that one out.

I'm being a prick because I asked for professional legal advice, and instead got crap like "It's over like a $2 steak" and "Don't you think it's time to move on?" Who started acting like a prick first?

 

[stealth2]

It always amazes me when people ask questions when they believe they know the answers. But anyway...

Still, it's a vendetta, and a pretty slimey way of getting custody. If she is THAT unfit, you should have plenty more to go on than a 3 1/2 year old email issue.

So why has it taken you so frikkin' long to make an issue of it?

 

[CdwJava]

Actually the charge against the Texas Penal code is a 2nd degree felony with a statue of limitations of 5 years and which carris 2-20 years in prison, and up to $10,000 in fines. And I am not going to try to use her breaking the law as a reason to get custody, but as a means because she can't exactly have custody if she is in prison, now can she.

Great! And what did the police say when you contacted them?

- Carl

 

[ikecvfd2]

Stealth,
You can call it slimey, but right now it is about my only option. The reason I haven't done anything about it yet is because I didn't know it was illegalf or her to do that until recently, and I didn't think I would have to use it anyway. But I have no money. I have already spoken to several lawyers who all believe I had more than enough on her to get custody (again the breaking into my email isn't all I have against her) however, none of them will do it for me for free. You all know that we live in a country where it doesn't matter whether you are right or wrong, but how much money you have. I have virtually none, therefore it is impossible for me or my daughter to get justice. The reason I am considering trying to get her charged with this is that it doesn't cost money to charge someone with a crime. It isn't like I'm making something up. I'm just using what I have, and believe me, if any one of you knew what I know about my ex-wife, you would be backing me up whole-hearted. This isn't about revenge. If that's all I cared about there are much better ways to get that.