Expert: Chris Wagoner - 12/30/2009

Question
My friend has filed divorce papers from her husband.  He consequently has hacked into her Facebook, Myspace, and Email accounts, posting pictures she doesn't want anyone to see.  He has also set up a website with explicit pictures of her.  He also harasses her by texting her several times an hour.  She has emailed him (and kept a copy of the email) asking him to stop this harassment.  My question is, other than getting a restraining order and trying to shut down her accounts (which is next to impossible since he has changed the passwords, etc) is there any legal action she can take against him for posting these pictures and hacking into her accounts?  I am afraid of what he will continue to do if she doesn't do something more.  This is occurring in Washington state.  Thank you for your help.

Answer
Hi Karen,

What he ahs done is a crime,

Washington Law-
RCW 9A.52.110
Computer trespass in the first degree.  

(1) A person is guilty of computer trespass in the first degree if the person, without authorization, intentionally gains access to a computer system or electronic database of another; and

    (a) The access is made with the intent to commit another crime; or

    (b) The violation involves a computer or database maintained by a government agency.

    (2) Computer trespass in the first degree is a class C felony.

RCW 9A.52.120
Computer trespass in the second degree.  

(1) A person is guilty of computer trespass in the second degree if the person, without authorization, intentionally gains access to a computer system or electronic database of another under circumstances not constituting the offense in the first degree.

    (2) Computer trespass in the second degree is a gross misdemeanor.

I also think he is guilty of STalking:
9A.46.110
Stalking.
(1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime:

    (a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and

    (b) The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and

    (c) The stalker either:

    (i) Intends to frighten, intimidate, or harass the person; or

    (ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

    (2)(a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; and

    (b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person.



Hope this helps, she needs to report this ASAP to the police.

Be well and stay safe!