Step Daughter access my computer without my knowledge

[cbg]

Just curious - how old is the step daughter?

 

[quincy]

My step daughter is 19. She lives with her father, aunt and uncle. She left us about 3 years ago do to not wanted to be accountable for her grades, and her and my wife don’t have the best relationship.
She was invited into our home after New Years to pick up Her Christmas presents. My wife had to pick me up from work, and left her to gather her stuff and leave. My computer is always on and unlocked(not anymore).
My wife and I are going through a custody battle with her ex husband in which he sent us screen shots of me and my wife’s emails to each other while I was on deployment. He has given this information to his lawyer and seems to becoming the deciding factor. My step daughter admitted to going through my wife’s emails and taking screen shots to send to her father.
I don’t believe my wife’s ex husbands lawyer as all the emails with the exception of a few that can be Mis construed and used against us with the subject of how I should be emailing my step sons while I was on deployment.
My wife is the one asking me to get more information about persuing charges against her daughter. Again thank you for your time.

The illegally accessed emails, if used in a custody dispute, should reflect more poorly on the ones who illegally accessed and used the emails than the ones who created the emails (regardless of email content). The access was criminal - even if no criminal charges are pursued.

You can file a police report, just to have a record of it, but I agree with CdwJava that the police might do little but talk to your stepdaughter.

Good luck.


(cbg, it was already said that stepdaughter is 19)

 

[HRZ]

While I tend to agree with above ...the daughters attitude and her further distribution of the materials may not bode well for her.. This is not just " snooping" if there is such an issue .

IT is not clear who owns that specific computer or if its community property in CA ...my thinking is that ALL owners need to be proactive to file a police report

THe content of the copied information is not the issue as to her crime .

However I hope your wife is using counsel ...if the contents of the stolen information matters to those custody. Issues .

 

[quincy]

While I tend to agree with above ...the daughters attitude and her further distribution of the materials may not bode well for her.. This is not just " snooping" if there is such an issue .

IT is not clear who owns that specific computer or if its community property in CA ...my thinking is that ALL owners need to be proactive to file a police report

THe content of the copied information is not the issue as to her crime .

However I hope your wife is using counsel ...if the contents of the stolen information matters to those custody. Issues .

Bsballplyr said it was his computer.

A crime was committed as soon as there was illegal access. Depending on what is done with the material, additional charges could result.

Content matters in how the content is used.

Again, however, illegally obtained (copies of) emails are unlikely to be admissible in court and should work against the one who attempts to introduce them.

 

[cbg]

Oops, missed that. Sorry.

 

[HRZ]

IN CA "his" computer might be community property ...

I agree..makes sense to review if there are any other likely criminal issues as to misuse of the material.

 

[quincy]

IN CA "his" computer might be community property ...

I agree..makes sense to review if there are any other likely criminal issues as to misuse of the material.

It doesn't matter if the computer as an object is community property. The personal or private or confidential or rights-protected material on the computer belongs to the owner of that material.

 

[CdwJava]

And access to another party's email on whatever computer it might have been can be criminal per PC 502.

But, again, it may not go anywhere. If you want to see her potentially go to state prison for a few years, call the police and see where it goes.

 

[quincy]

And access to another party's email on whatever computer it might have been can be criminal per PC 502.

But, again, it may not go anywhere. If you want to see her potentially go to state prison for a few years, call the police and see where it goes.

I suspect any report to the police will go nowhere, except perhaps for a talk by the police to the stepdaughter. I strongly suspect there would be no jail time even in the unlikely event the stepdaughter is charged with a computer crime.

I do not know how damaging the content of the emails could be in a custody dispute but I am fairly certain that any judge will not look kindly on the party who tries to use illegally obtained information to gain an advantage. It is more likely to harm that individual than help.

 

[Ohiogal]

I suspect any report to the police will go nowhere, except perhaps for a talk by the police to the stepdaughter. I strongly suspect there would be no jail time even in the unlikely event the stepdaughter is charged with a computer crime.

I do not know how damaging the content of the emails could be in a custody dispute but I am fairly certain that any judge will not look kindly on the party who tries to use illegally obtained information to gain an advantage. It is more likely to harm that individual than help.

A judge won't let -- or shouldn't let -- pilfered emails into court. Furthermore, just a sticking point, OP is not going for custody of his wife's children. That battle is between his wife and her ex. He is not in it though he might be a witness.

 

[Zigner]

Although the OP says that "his" computer was accessed, it was actually mom's emails that were accessed improperly. The police aren't going to care about the OP's claim that the step daughter used an unlocked computer at the house. Mom would need to be the one to report the potential crime, and I suspect that mom doesn't really want to see her daughter potentially go to prison.

 

[Ohiogal]

Although the OP says that "his" computer was accessed, it was actually mom's emails that were accessed improperly. The police aren't going to care about the OP's claim that the step daughter used an unlocked computer at the house. Mom would need to be the one to report the potential crime, and I suspect that mom doesn't really want to see her daughter potentially go to prison.

I was thinking along those lines as well but OP stated:

My wife is the one asking me to get more information about persuing charges against her daughter. Again thank you for your time.

 

[Zigner]

I was thinking along those lines as well but OP stated:

True, but I think this is really being driven by step-dad.

 

[Ohiogal]

True, but I think this is really being driven by step-dad.

I concur because stepdad also thinks he is going for custody. Which tells me he really doesn't know his place.

 

[quincy]

A judge won't let -- or shouldn't let -- pilfered emails into court. Furthermore, just a sticking point, OP is not going for custody of his wife's children. That battle is between his wife and her ex. He is not in it though he might be a witness.

Right. I too suspect the judge will not allow the copies of the emails to be introduced (for more than one reason). And it would not be smart for the ex to attempt it.

Lessons for Bsballplyr are to, one, properly secure his computer so others can't easily access his or his wife's personal information and to, two, not commit anything in writing in an email that he wants to keep private.

And, after reading your and Zigner's exchanges, to, three, learn his place in this custody dispute.