Expert: Chris Wagoner - 10/12/2008

Question
Dear Chris,

I was recently arrested and charged with Domestic Violence - Menacing in the state of Ohio. I was later cleared of all charges. While incarcerated for 20 hours my wife obtained my keys, entered my company car, removed my company laptop and took it to a computer rescue company to gain code access to my Internet explorer then printed emails that she has since delivered to friends, family, and business associates. These emails do not implicate me in criminal activity but they involve flirtatious conversations with other women. If I stole someone US mail I know that would be considered a crime. Has my estranged wife committed a crime in what she has done. If she mailed those stolen emails to someone is that also a crime? I look forward to your response. Thank You, Jack

Answer
Hi Jack,

In Ohio, she is guilty of the following: 2913.04 (B)(F)(1)(2) (a felony)

Read below..  I have left out the non-relevant parts..

2913.04 Unauthorized use of property - computer, cable, or telecommunication property.

(B) No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent .

(F)(1) Whoever violates division (B) of this section is guilty of unauthorized use of computer, cable, or telecommunication property, and shall be punished as provided in division (F)(2), (3), or (4) of this section.

(2) Except as otherwise provided in division (F)(3) or (4) of this section, unauthorized use of computer, cable, or telecommunication property is a felony of the fifth degree.

(3) Except as otherwise provided in division (F)(4) of this section, if unauthorized use of computer, cable, or telecommunication property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, for obtaining money, property, or services by false or fraudulent pretenses, or for committing any other criminal offense, unauthorized use of computer, cable, or telecommunication property is whichever of the following is applicable:

I would report it to the police ASAP.

If you need more infomration or help, let me know...

Be well....