• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

penalties for unauthorized computer access

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

manowar27

Member
What is the name of your state? IL
--------------------------------------------------------------------------------
What are the statutes of limitations on "unauthorized computer access?" An email account was accessed. Nothing was damaged, bank info was not searched, no credit card accounts accessed, simply a case of being nosy and snooping through outgoing email messeges a few times. This happened in Nov. 2005. No malicious intent was involved. Just insecurity and being nosy. Could this be serious trouble if found out?
 


CdwJava

Senior Member
Probably no one is familiar enough with that portion of IL law and does not have the motivation to go looking through the codes. Without damage, there may not be a crime - depending on the statute and how entry was made (hacked, use of stolen password, etc.).

- Carl
 

manowar27

Member
Nothing was "hacked" into. The email address and password were found on other correspondences. Like I mentioned, no bank information was searched for, no credit numbers looked for, no intent of causing damage. It was done a few times strictly out of a need to snoop and look at who out gong mail was going to. No criminal intent at all. Just being nosy and stupid, now remorseful.
 

seniorjudge

Senior Member
What is the name of your state? IL
--------------------------------------------------------------------------------
What are the statutes of limitations on "unauthorized computer access?" An email account was accessed. Nothing was damaged, bank info was not searched, no credit card accounts accessed, simply a case of being nosy and snooping through outgoing email messeges a few times. This happened in Nov. 2005. No malicious intent was involved. Just insecurity and being nosy. Could this be serious trouble if found out?
Who knows you did this?
 

manowar27

Member
First of all, I NEVER said I did this. And second of all, no one knows this happened. I would imagine that after a year has come and gone, the second party has no idea either. I'm just wondering what would the penalties be if found out.
 

Ozark_Sophist

Senior Member
Google:

Electronic Communications Privacy Act, 18 U.S.C. § 2701, et seq

or

http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_121.html

§ 2701. Unlawful access to stored communications

(b)(2)(A) a fine under this title or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph;


Or,

(b)(1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State—
(A) a fine under this title or imprisonment for not more than 5 years, or both, in the case of a first offense under this subparagraph; and
 
Last edited:

manowar27

Member
I understand the possible penalties, but what would the statute of limitations be for a situation like this? Is there a time frame whereby its too late to pursue the issue?
 

manowar27

Member
If no damages occuring during this " email snooping", does anyone know what this would be classified as? A misdemeanor or felony? What are the statutes of limitations for misdemeanors and felonies in Illinois? Like I mentioned, no bank records, credit cards or other personal info was damaged. Done without malicious intent, some old "read" emails may have been mistakenly deleted, but no financial harm was done.
 

BelizeBreeze

Senior Member
I really love the rationalizations in this idiot's post.

First, like no one here knows you had nothing to do with this.

Second, you committed a burglary. It's non deplume is hacking, regardless of whether or not you gained entry into the computer with a password.

Third, you could also be charged with destruction of personal property.

Pile them all together and your ass is toast.
 

Ozark_Sophist

Senior Member
If a person unlawfully accessed an email storage account, use of the information derived therefrom could subject person to criminal or civil action.

Sounds as if a sig. other accessed their sig. other email account to see if their was a third wheel to their relationship, and now first sig. other would like to use knowledge derived from the unlawful access to leverage their relationship while hoping the SOL of limitations are run on the initial unlawful access.

The SOL is probably years, but I don't have the time to look it up.

I found the federal statute, but there probably are relevent state statute's as well. Whatever information obtained during the snooping should be forgotten. Use of it will not help any situation.
 

manowar27

Member
First of all, who are you to ANYONE an idiot? People come on here to ask questions and get answers, not be judged by you. Secondly, burglery of what? An email staorage account was accessed, but no information was derived. And the use of the word probably doesn't really help a legal situation. Looks like you folks were asked a question that you have no answer to so you call names, assume, and guess.
 

Ozark_Sophist

Senior Member
It is UNLAWFULLY ACCESSING. Nothing in lthe aw says you have to change something, steal identity, or whatever. Simply UNLAWFULLY ACCESSING is a CRIME.

If no one but the perpetrator knows about it, it would be idiotic to use information unlawfully accessed because then it would open the idiot to criminal and/or civil charges. SOL wouldn't apply because talking about it would be using STOLEN information.
 

manowar27

Member
There was no stolen anything. This is the equivalant of looking through a pile of mail on your kitchen table. Nothing stolen, used, interferred with, or anything else. And burglary refers to entering a structure or dwelling with the intent to commit a crime. What stolen information? Still, no answer to statutes of limitations.....just you folks running off in your own direction. If I listen to messeges on your answering machine, is that burglary, stealing, or anything else other than being nosy? Do you actually think any court anywhere would bother with this? Wouldn't the first issue to be asked be "was there any financial damages done?". Change the password on the account and keep an eye on things. Please, just answer the question. What are the possible ramifications and for how long?
 

BelizeBreeze

Senior Member
First of all, who are you to ANYONE an idiot?
someone who does NOT commit crimes.
People come on here to ask questions and get answers, not be judged by you.
Actually, that is a premium service. And what would you call someone who commits a crime? Smart?
Secondly, burglery of what? An email staorage account was accessed, but no information was derived.
You just provided proof of your ignorance. Burglary is the unlawful entering of the computer. You did not own the computer. You did not have the permission of the owner. You committed burglary. Easy huh?
And the use of the word probably doesn't really help a legal situation. Looks like you folks were asked a question that you have no answer to so you call names, assume, and guess.
No guessing to it. You gave all the facts needed to provide the CORRECT answer. You are a burglar and the nice thing about it is, since no one knows but you, there IS no SOL. That starts when the crime is discovered.

So keep looking over your shoulder criminal. :D
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top