Anaconda, MT asked in Small Claims, Divorce, Civil Rights and Communications Law for Oklahoma

Q: Is it invasion of privacy if my mother in law read every text I have ever sent off my phone. And took screenshots to use

Against me for our upcoming court date, I am trying to get a protection order against my husband. And she used a key stroke memorization program to read everything i have ever sent off my phone withought my consent.

1 Lawyer Answer
Richard Winblad
PREMIUM
Richard Winblad
Answered
  • Edmond, OK
  • Licensed in Oklahoma

A: Hope this helps, there is probably also a federal statute:

Oklahoma Statutes Citationized

Title 21. Crimes and Punishments

Chapter 70 - Other Offenses Against Property Rights

Oklahoma Computer Crimes Act

Section 1953 - Unlawful Acts - Penalties

Cite as: O.S. §, __ __

A. It shall be unlawful to:

1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, computer system, computer network or any other property;

2. Use a computer, computer system, computer network or any other property as hereinbefore defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;

3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;

4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;

5. Willfully and without authorization use or cause to be used computer services;

6. Willfully and without authorization disrupt or cause the disruption of computer services or deny or cause the denial of access or other computer services to an authorized user of a computer, computer system or computer network;

7. Willfully and without authorization provide or assist in providing a means of accessing a computer, computer system or computer network in violation of this section;

8. Willfully use a computer, computer system, or computer network to annoy, abuse, threaten, or harass another person; and

9. Willfully use a computer, computer system, or computer network to put another person in fear of physical harm or death.

B. Any person convicted of violating paragraph 1, 2, 3, 6, 7 or 9 of subsection A of this section shall be guilty of a felony punishable as provided in Section 1955 of this title.

C. Any person convicted of violating paragraph 4, 5 or 8 of subsection A of this section shall be guilty of a misdemeanor.

D. Nothing in the Oklahoma Computer Crimes Act shall be construed to prohibit the monitoring of computer usage of, or the denial of computer or Internet access to, a child by a parent, legal guardian, legal custodian, or foster parent. As used in this subsection, "child" shall mean any person less than eighteen (18) years of age.

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