Going through your spouse’s computer, phone, or online accounts without permission can be a crime in Georgia and can also get you sued.
The Five Computer Crimes
OCGA 16-9-93 defines computer theft, computer trespass, computer invasion of privacy, computer forgery, and computer password disclosure. The one that usually fits marital snooping is the third: using a computer or network “with the intention of examining any employment, medical, salary, credit, or any other financial or personal data relating to any other person with knowledge that such examination is without authority.” Acting “[w]ithout authority” includes using a computer “in a manner that exceeds any right or permission granted by the owner.” OCGA 16-9-92(18).
Intent Is What These Cases Turn On
In Cottrell v. Smith, 299 Ga. 517 (2016), a man brought computer theft, trespass, invasion of privacy, and forgery claims against members of his own family. The trial court directed a verdict against him on all four, and the Georgia Supreme Court agreed, because none of the online conduct he recited showed “the express specific criminal intent required” by those subsections.
The Civil Claim
Under OCGA 16-9-93(g)(1), “[a]ny person whose property or person is injured by reason of a violation of any provision of this article may sue therefor and recover for any damages sustained and the costs of suit.” That suit must be brought within four years of discovery. Criminal penalties reach a $50,000 fine or 15 years. OCGA 16-9-93(g)(4), (h)(1).
The Statute Does Not Exclude the Evidence
The computer crimes article differs here from Georgia’s eavesdropping law, which makes evidence gathered in violation of it inadmissible. OCGA 16-11-67. There is no comparable provision in the computer crimes article. A spouse who breaks into an account may face prosecution and a lawsuit and still see the material used in the divorce.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!