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Step Daughter access my computer without my knowledge

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Bsballplyr

Junior Member
My step daughter accessed my computer without my permission to take pictures of my wife’s email and her ex husband is trying to use it against us in a child custody battle with my wife. She did have permission to enter my house with my wife’s permission to pick up Christmas presents, but not to use my computer. We just found out and I want to know my options for pressing charges against my step daughter.
 


adjusterjack

Senior Member
I want to know my options for pressing charges against my step daughter.
Realistically, probably none.

People don't press charges, they report crimes. Then the authorities decide whether to prosecute. The chances of that happening in your situation are slim to none. However, you are free to make a police report and see how it goes. Better ask your wife about that first.
 

HRZ

Senior Member
your state ?

unlawful duplication of records accessed without permission on another's computer might not be a laughing matter ..I think it warrants a prompt discussion with wife and her counsel . the underlying crime might be quite serious..if law enforcement takes it seriously .
 

Just Blue

Senior Member
My step daughter accessed my computer without my permission to take pictures of my wife’s email and her ex husband is trying to use it against us in a child custody battle with my wife. She did have permission to enter my house with my wife’s permission to pick up Christmas presents, but not to use my computer. We just found out and I want to know my options for pressing charges against my step daughter.
What US State did this happen in?
 

quincy

Senior Member
My step daughter accessed my computer without my permission to take pictures of my wife’s email and her ex husband is trying to use it against us in a child custody battle with my wife. She did have permission to enter my house with my wife’s permission to pick up Christmas presents, but not to use my computer. We just found out and I want to know my options for pressing charges against my step daughter.
To know what computer crime your stepdaughter might have committed, you will need to provide the name of your state.

How was your stepdaughter able to access the emails? Had your wife left her email account open or does your stepdaughter know the login?

The photos of the emails are unlikely to be admissible as evidence.
 

Bsballplyr

Junior Member
My step daughter accessed my computer without my permission to take pictures of my wife’s email and her ex husband is trying to use it against us in a child custody battle with my wife. She did have permission to enter my house with my wife’s permission to pick up Christmas presents, but not to use my computer. We just found out and I want to know my options for pressing charges against my step daughter.
The state is California
 

Bsballplyr

Junior Member
So we do keep our passwords remembered on our computer. She admitted to my wife about doing it and claimed it was okay since my wife let her into the house. Thanks all for your help and understanding
 

CdwJava

Senior Member
Okay ... in CA. She took pictures of emails ... and, did what with them?

While it might be possible to pursue prosecution against the stepdaughter, it is exceedingly unlikely that any county in CA would do so given the limited info you've provided.

It might be better to secure the computer against further intrusion by NOT saving passwords, or, better yet, mandating a login and timing out.

PC 502(c)(2) is a wobbler punishable as a felony or a misdemeanor. But absent any real harm, and free access to the password, it is unlikely to result in prosecution. But, you can report it to the police and see what happens.

502(c)(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.
 
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quincy

Senior Member
So we do keep our passwords remembered on our computer. She admitted to my wife about doing it and claimed it was okay since my wife let her into the house. Thanks all for your help and understanding
Here is s link to California's computer crime laws, Penal Code section 502: http://codes.findlaw.com/ca/penal-code/pen-sect-502.html

Being welcomed into a home is not an invitation to access the homeowner's computer files. The purpose of passwords is to prevent others from accessing your personal, private, confidential information.

It is up to you how much privacy you want.


(ah, you edited your post, CdwJava ... :))
 
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CdwJava

Senior Member
Yeah ... I had a few extra moments and decided to post the most relevant code section for reference. :D
 

HRZ

Senior Member
This is not a simple crime of unauthorized snooping or even copying but apparently the actor passed along the copied information to a 3d party with interests adverse to the computer owner(s) and that information is being used against one of the computer owners .

I think the impacted computer owner needs a prompt discussion about options with counsel leaning towards a report of the crime to appropriate law enforcement and full cooperation with any prosecution efforts.

Just how old is this actor ? How did she get to premises of OP?
 

Bsballplyr

Junior Member
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.
 

Bsballplyr

Junior Member
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.
(my step daughter has admitted to taking and sending the screenshots to her father but claims she can’t get in trouble due to us inviting her into our home)
 

CdwJava

Senior Member
The invitation into the home is not an invitation to access a computer and read the email.

But, these sorts of complaints are relatively common these days and tend to generate little more than a "ho-hum" from many DAs. While prosecution is possible, the DA is also likely to see the prosecution as largely retaliatory for the current civil court action and most prosecutors are exceedingly reluctant to become a tool to be used to bash the other side for a civil case.

Again, all you can do is report it to the police and see where it might go. My experience says it is unlikely to go anywhere, but, details matter (such as the harm done, the nature of the emails, who they were related to, etc.) as does the specific attitudes of the prosecuting jurisdiction.
 

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