Q: after divorce can one parent use a child's iPad to access other parents personal info. on personal device
ex husband used 8 yr old sons iPad to access ex wife's personal data from her phone because mother had a shared plan with son. ex husband then used personal info to call and harass local elected state officials
A:
Depending on the specific fact pattern, it might match the offense known as "Breach of Computer Security" as defined by Texas Penal Code 33.02.
Harassment is also a crime, and one of the ways a person can commit Harassment is by repeatedly sending electronic communication that harass, annoy, alarm, abuse, torment, embarrass, or offend the recipient.
Roy Lee Warren agrees with this answer
A:
That is actually against the law according to laws that have been passed. In relevant part, the Texas Penal Code states:
Sec. 33.02. BREACH OF COMPUTER SECURITY. (a) A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.
(b) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a state jail felony if:
(1) the defendant has been previously convicted two or more times of an offense under this chapter; or
(2) the computer, computer network, or computer system is owned by the government or a critical infrastructure facility.
(b-1) A person commits an offense if, with the intent to defraud or harm another or alter, damage, or delete property, the person knowingly accesses:
(1) a computer, computer network, or computer system without the effective consent of the owner; or...
(B) in violation of:
(i) a clear and conspicuous prohibition by the owner of the computer, computer network, or computer system; or
(ii) a contractual agreement to which the person has expressly agreed; and
(C) with the intent to obtain or use a file, data, or proprietary information stored in the computer, network, or system to defraud or harm another or alter, damage, or delete property.
(b-2) An offense under Subsection (b-1) is:
(1) a Class C misdemeanor if the aggregate amount involved is less than $100;
(2) a Class B misdemeanor if the aggregate amount involved is $100 or more but less than $750;
(3) a Class A misdemeanor if the aggregate amount involved is $750 or more but less than $2,500;
(4) a state jail felony if the aggregate amount involved is $2,500 or more but less than $30,000;
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
