Step Daughter access my computer without my knowledge

[CdwJava]

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.

Oh, I completely agree!

But, I can see the slim possibility of this being reported, there being some element that makes it a more tasty morsel to be prosecuted, and then the OP and/or her husband suddenly crying out that their girl is getting slammed for a felony. The fact is that it is a "wobbler" and CAN be charged as a felony resulting in up to 3 years in state prison. How many times do we hear similar complaints here in DV cases?

 

[quincy]

Oh, I completely agree!

But, I can see the slim possibility of this being reported, there being some element that makes it a more tasty morsel to be prosecuted, and then the OP and/or her husband suddenly crying out that their girl is getting slammed for a felony. The fact is that it is a "wobbler" and CAN be charged as a felony resulting in up to 3 years in state prison. How many times do we hear similar complaints here in DV cases?

Too many times?

 

[CTU]

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.

Were those emails perhaps indicating or documenting infidelity?

 

[quincy]

Were those emails perhaps indicating or documenting infidelity?

Not that the content should matter much from a criminal perspective.

 

[HRZ]

TO me, the acts of making copies and passing them along to another for the apparent purpose of gaining some debate leverage separates this from mere " snooping" ...I lean towards prompt reporting the crime to relevant law enforcement and let the 19 year old explain things as appropriate .

 

[quincy]

TO me, the acts of making copies and passing them along to another for the apparent purpose of gaining some debate leverage separates this from mere " snooping" ...I lean towards prompt reporting the crime to relevant law enforcement and let the 19 year old explain things as appropriate .

I don't disagree with this.

I believe a 19-year-old would know what she was doing was wrong, even if she was unaware it could be illegal.

 

[not2cleverRed]

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.

Please read what OG posted. "Trying" doesn't mean succeeding.

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.

I think this is the relevant point: the pilfered emails cannot be used in court.

So OP should think about whether he wants a happy wife or get back at his stepdaughter. Hint: how comfortable is the couch?

OP should also in the future be more careful about what is emailed. While I have no idea what the contents were, I am wondering how it reflects negatively on Mom's fitness as a parent, or if there are things about the kid(s) that have been hidden from Dad.

 

[Bsballplyr]

Thank you for all your help. I do know my role in the custody matter. It is my wife asking to do research on the matter, and she is wanting to press charges against her daughter. Thank you again for your help and advice. I do appreciate it. -Andrew

 

[quincy]

Please read what OG posted. "Trying" doesn't mean succeeding.



I think this is the relevant point: the pilfered emails cannot be used in court.

So OP should think about whether he wants a happy wife or get back at his stepdaughter. Hint: how comfortable is the couch?

OP should also in the future be more careful about what is emailed. While I have no idea what the contents were, I am wondering how it reflects negatively on Mom's fitness as a parent, or if there are things about the kid(s) that have been hidden from Dad.

His wife was the one who wanted Bsballplyr to find out what can be done legally about the computer access by the stepdaughter. The mom and daughter apparently are not getting along all that well.

 

[Bsballplyr]

The emails in question were in regards to my wife’s lawyer telling me to show her what the boys sent to me before I replied. I did however disagree in a reply. Her ex-husband is now trying to say my wife responded using my step sons phones without their knowledge, which is not true. My wife helped my younger son reword his emails to me that’s it. The only reason he knows about the emails is from my step daughter accessing my wife’s email. We shall see how it plays out. Thanks again

 

[quincy]

The emails in question were in regards to my wife’s lawyer telling me to show her what the boys sent to me before I replied. I did however disagree in a reply. Her ex-husband is now trying to say my wife responded using my step sons phones without their knowledge, which is not true. My wife helped my younger son reword his emails to me that’s it. The only reason he knows about the emails is from my step daughter accessing my wife’s email. We shall see how it plays out. Thanks again

The content of the emails should not play a role in the custody dispute because the judge is unlikely to allow illegally obtained copies of emails to be introduced as evidence.

If you have the chance to post back with what you decide to do about the computer access and with what happens at the hearing, we would be interested in hearing.

 

[HRZ]

I fail to see where the contents of the emails is an excuse for the 19 year olds unlawful access.

I suspect others here are more informed as to issues of ownership of emails in CA and are they property in context of something that can.be stolen ..and delivered to another ..and is EX now exposed to a problem of receiving stolen property ?

 

[Bsballplyr]

Will update with the out come

 

[Zigner]

I fail to see where the contents of the emails is an excuse for the 19 year olds unlawful access.

I suspect others here are more informed as to issues of ownership of emails in CA and are they property in context of something that can.be stolen ..and delivered to another ..and is EX now exposed to a problem of receiving stolen property ?

It's just not going to get to that, realistically speaking. The cops aren't going to touch this one.

 

[quincy]

Will update with the out come

That would be nice.