Expert: Chris Wagoner - 11/4/2008

Question
Good afternoon Mr. Wagoner,

I've had to do some searching regarding the above subject and found it interesting to know it's a felony to change someone's password without authorization.  My soon-to-be-ex husband has changed mine several times.  The last time was just last week.  I feel it would be hard to press charges since I'm station in England and he's in Minnesota.  Does Minnesota have the same law?  If so, where can I go to find it?  Any other advice you could give me would be greatly appreciated.

Thank you,
Trisha

Answer
Hi Trisha,

Minnesota law on COmputers is found un der the Minnesota State Statues Section 609.

Your problem you describe could fall under two sections I think, the second is more appropriate than the first but read both:

609.89 COMPUTER THEFT.
Subd.1.Acts.
Whoever does any of the following is guilty of computer theft and may be sentenced as provided in subdivision 2:
(a) intentionally and without authorization or claim of right accesses or causes to be accessed any computer, computer system, computer network or any part thereof for the purpose of obtaining services or property; or
(b) intentionally and without claim of right, and with intent to deprive the owner of use or possession, takes, transfers, conceals or retains possession of any computer, computer system, or any computer software or data contained in a computer, computer system, or computer network.
Subd. 2.Penalty.
Anyone who commits computer theft may be sentenced as follows:
(a) to imprisonment for not more than ten years or to payment of a fine of not more than $50,000, or both, if the loss to the owner, or the owner's agent, or lessee is in excess of $2,500; or
(b) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than $500 but not more than $2,500; or
(c) in all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

Second one:
609.891 UNAUTHORIZED COMPUTER ACCESS.
Subdivision 1.Crime.
A person is guilty of unauthorized computer access if the person intentionally and without authorization attempts to or does penetrate a computer security system.
Subd. 2.Felony.
(a) A person who violates subdivision 1 in a manner that creates a grave risk of causing the death of a person is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(b) A person who is convicted of a second or subsequent gross misdemeanor violation of subdivision 1 is guilty of a felony and may be sentenced under paragraph (a).
Subd. 3.Gross misdemeanor.
(a) A person who violates subdivision 1 in a manner that creates a risk to public health and safety is guilty of a gross misdemeanor and may be sentenced to imprisonment for a term of not more than one year or to payment of a fine of not more than $3,000, or both.
(b) A person who violates subdivision 1 in a manner that compromises the security of data that are protected under section 609.52, subdivision 2, clause (8), or are not public data as defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
(c) A person who violates subdivision 1 and gains access to personal data is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
(d) A person who is convicted of a second or subsequent misdemeanor violation of subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
Subd. 4.Misdemeanor.
A person who violates subdivision 1 is guilty of a misdemeanor and may be sentenced to imprisonment for a term of not more than 90 days or to payment of a fine of not more than $1,000, or both.

Thats the laws pertaining to it, also Minnesota has thsi law:

609.8911 REPORTING VIOLATIONS.
A person who has reason to believe that any provision of section 609.88, 609.89, or 609.891 is being or has been violated shall report the suspected violation to the prosecuting authority in the county in which all or part of the suspected violation occurred. A person who makes a report under this section is immune from any criminal or civil liability that otherwise might result from the person's action, if the person is acting in good faith.

So I hope those answer your questions. Report this to the police in Minnesota where he lives, that all you have to do. Be well.