When a relationship goes south, and your ex-partner or spouse is deceitful and even spreading lies about you, it can be tempting to hack into their email or phone to gain the upper hand. After all, you may even have their login credentials and passwords memorized or saved from when you were together. In instances where it may seem like exposing nefarious information may help your case in heated custody battles or divorce proceedings, think twice. As tempting as it may be, hacking into your ex's phone, email, social media accounts, etc., can be considered a crime in Pennsylvania and can carry significant criminal penalties.

Cyberstalking and Cyber Harassment

In Pennsylvania, you can be criminally liable for general harassment under 18 Pa.C.S. §2709(a) if the harassing conduct is in-person or if the conduct occurs online. In Pennsylvania, cyberstalking and cyber harassment are two separate crimes. The main difference between the two is how they are prosecuted. Cyberstalking is more severe because it has the intent to cause intimidation, harassment, or damage someone's reputation.

To be charged with cyberstalking, you must exhibit a pattern of behaviors that intend to cause your ex physical harm or mental anguish. It's important to note that cyberstalking applies whether you use a smartphone, personal computer, work computer, etc. Some forms of cyberstalking may include:

• Monitoring your ex's online behavior or their phone's activity;
• Impersonating your ex online;
• Sending unwelcome messages;
• Sharing your ex's personal information online; and
• Tracking their location without their permission, etc.

Pennsylvania's cyber harassment statute is fairly broad. To prove cyber harassment, your ex would need to demonstrate that you have consistently used online conduct and online communications to harass, annoy, or alarm them.

Penalties for Cyberstalking and Cyber Harassment

Yes, you can go to jail for hacking your ex's phone and accounts. Penalties for cyber stalking and cyber harassment can be addressed through civil or criminal channels. If your conduct rises to the level of criminal behavior such that the police and district attorney's office find it severe enough to press charges, punishments can include fines and jail time.

Penalties will depend on your type of conduct and things like whether you are a first-time offender or if you have already been convicted of a client crime against certain people. Penalties under Pa. C.S.§2709.1, penalties for cyberstalking may include:

• Up to 5 years in prison and/or fines of up to$10,000.00
• For repeat offenders, up to 7 years in prison and/or fines of up to $15,000.00

Similarly, penalties for cyber harassment may include:

• Up to 1 year in prison and/or fines not exceeding $2,500.00.

Defenses May Apply

Depending on the circumstances, you may have a defense to hacking or unlawful use of your ex's computers, phones, emails, etc. For instance, you may argue that you reasonably believed you had permission from your ex to access their accounts or their phones. This may happen if your ex was aware that you often accessed their accounts and impliedly consented. You may also argue that you lacked the intent to access the information. This may occur where your ex's information was stored on a computer you already had access to, etc., and you did not mean to gain unlawful access to their information. It's important to note other defenses may be available, and a qualified criminal defense attorney can help you avoid jail time and other penalties.

Do you Need a Lawyer if You Are Accused of Hacking Your Ex's Phone?

Federal and state laws do not take cybercrimes lightly and can carry significant criminal penalties. Every criminal case is unique, and a qualified criminal defense attorney can help you plead your case and present appropriate defenses to the court. Call LLF Law Firm and our experienced Criminal Defense Team at 888-535-3686 or use our online form.