Q: If messages were illegally obtained and sent to another party, would that other party be liable under this code?
A couple is going through a divorce. Husband broke into her Apple Watch and took pics of messages showing evidence of affair and sent messages to others. My question is are the other parties subject to this same rule (16-11-62) as they did not intentionally obtain the messages themselves.
A: There isn't enough information to answer such a specific question. In general, evidence that is obtained in violation of the law cannot be used in court.
Homer P Jordan IV agrees with this answer
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