Expert: Chris Wagoner - 8/12/2008

Question
Hi Chris,

I have 2 questions for you and I was hoping you could shed some light on the matter for me. (Also, I live in the state of Florida)

1) A few months ago my husband went into my laptop, used my bank information, debit card, and ATM pin number to get into my online banking account where he proceeded to transfer money out of my personal (sole) account and transferred it into our joint account. He then withdrew the money and used it to start his own personal account. I did not give him permission to do so, is this a crime and how can I go about doing something about it?

2) Also, I had an email in my Yahoo inbox that was incriminating towards my husband and proved his drug use and infidelity. As I went to print it out yesterday, it was missing. I had it in another account as well and it was also missing. I believe my husband somehow accessed my accounts and deleted it because he knows how detrimental it is to my divorce/custody case. Can I prosecute for this and what do I need to do to get proof?

I'm so sorry if this was too long. Any assistance would be greatly appreciated. Thank you.

Answer
Hi Lina,

In Florida it is illegal for anyone other than the authorized user to access anyone elses computer, let alone e-mail. Here is the law:

815.06. Offenses against computer users.
(1) Whoever willfully, knowingly, and without authorization:
(a) Accesses or causes to be accessed any computer, computer system, or computer network;
(b) Disrupts or denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another;
(c) Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network;
(d) Destroys, injures, or damages any computer, computer system, or computer network; or
(e) Introduces any computer contaminant into any computer, computer system, or computer network,
commits an offense against computer users.
(2) (a) Except as provided in paragraphs (b) and (c), whoever violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Whoever violates subsection (1) and:
1. Damages a computer, computer equipment, computer supplies, a computer system, or a computer network, and the monetary damage or loss incurred as a result of the violation is $5,000 or greater;
2. Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property; or
3. Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public service,
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Whoever violates subsection (1) and the violation endangers human life commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Whoever willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, computer system, or computer network commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) (a) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, computer equipment, computer supplies, or computer data may bring a civil action against any person convicted under this section for compensatory damages.
(b) In any action brought under this subsection, the court may award reasonable attorneys fees to the prevailing party.
(5) Any computer, computer system, computer network, computer software, or computer data owned by a defendant which is used during the commission of any violation of this section or any computer owned by the defendant which is used as a repository for the storage of software or data obtained in violation of this section is subject to forfeiture as provided under ss. 932.701-932.704.
(6) This section does not apply to any person who accesses his or her employer’s computer system, computer network, computer program, or computer data when acting within the scope of his or her lawful employment.
(7) For purposes of bringing a civil or criminal action under this section, a person who causes, by any means, the access to a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in both jurisdictions.


As for recovering the e-mails. If they were on your computer at any time, they can be retrieved by someone who has Forensic training and the equipment and software.

Hope this information helps.

Be Well..