Email and moved to another state


#1

Hello,

I have access to my husband’s email account which he does not know. I have been reading the emails to the other woman. I remembered the password from a few years ago when he cheated before and he never changed it. Will these emails be allowed in court or will I get in trouble due to privacy laws?

Also I moved from North Carolina to South Carolina for my job. Can I see a lawyer here for my divorce?

Thanks


#2

The issue is whether he had an expectation of privacy in those emails. Did he give you his password and allow you access to his email a couple years ago? If so, you may have an argument that his communications were not protected.

I am not liscensed to practice in the state of SC, but generally, once you have been in a state for the requisite amount of time for the state to have juristsiction, you should be able to file for divorce there.


#3

No, he never give me his email password. He did give me his password for his computer because I set up the network in our home.


#4

I do not practice criminal law, but If you have accessed his email without permission, I believe you should be concerned about being charged with the crime of accessing computers.

§ 14‑454. Accessing computers.

(a) It is unlawful to willfully, directly or indirectly, access or cause to be accessed any computer, computer program, computer system, computer network, or any part thereof, for the purpose of:

(1) Devising or executing any scheme or artifice to defraud, unless the object of the scheme or artifice is to obtain educational testing material, a false educational testing score, or a false academic or vocational grade, or

(2) Obtaining property or services other than educational testing material, a false educational testing score, or a false academic or vocational grade for a person, by means of false or fraudulent pretenses, representations or promises.

A violation of this subsection is a Class G felony if the fraudulent scheme or artifice results in damage of more than one thousand dollars ($1,000), or if the property or services obtained are worth more than one thousand dollars ($1,000). Any other violation of this subsection is a Class 1 misdemeanor.

(b) Any person who willfully and without authorization, directly or indirectly, accesses or causes to be accessed any computer, computer program, computer system, or computer network for any purpose other than those set forth in subsection (a) above, is guilty of a Class 1 misdemeanor.

© For the purpose of this section, the phrase “access or cause to be accessed” includes introducing, directly or indirectly, a computer program (including a self‑replicating or a self‑propagating computer program) into a computer, computer program, computer system, or computer network. (1979, c. 831, s. 1; 1979, 2nd Sess., c. 1316, s. 19; 1981, cc. 63, 179; 1993, c. 539, s. 293; 1994, Ex. Sess., c. 24, s. 14©; 1993 (Reg. Sess., 1994), c. 764, s. 1; 2000‑125, s. 4.)