Spying on a Cheater can Land You in Jail unless you do it legally - Here’s how - National infidelity

For checking out his cheating wife’s e-mail account, Leon Walker faces 5 years in jail.

Walker, a 33-year-old computer technician from Michigan is being charged with a felony for logging onto his wife’s Gmail account to confirm his suspicions that she was seeing another man.

Walker didn’t even have to employ any of his high tech computer skills to access his wife’s e-mail account. All he had to do was check the book of passwords next to her computer.

Now he’s facing 5 years in jail.

Why What Leon Walker Did Was Against the Law

State and Federal laws prohibit certain ways of spying on a cheating mate.

Prosecutors are comparing Walker’s case to more complex cases which involve the use of electronic gadgets or computer software to access someone’s computer or cell phone.

Though the charge against Walker, felony computer misuse, is usually reserved for identity thieves, hackers and trade secret embezzlers, they are applying it to Walker’s checking his wife’s e-mail to see if she was having an affair.

They contend that the underlying principle is the same. Eavesdropping, accessing, or intercepting communication on someone else’s computer or cell phone without their knowledge or consent is against the law.

What Leon Walker did may seem harmless, yet thousands of suspicious spouses and significant others have done similar things, with or without the use of modern technology.

Why and How People are Spying on Their Mates

With at least some form of infidelity affecting 80% of all marriages and committed relationships, record numbers of people are employing various methods to check out a cheating mate, get proof of infidelity, or catch a suspected cheater in the act. See 12 Valid Reasons to Snoop if You Suspect Your Mate May Be Cheating on You

Many people use spy equipment, electronic surveillance devices, or gadgets like the ones below:

a listening or recording device to eavesdrop on the cheater’s conversations.
a hidden camera disguised as a common household item, (clock, box of tissues, radio, etc) to secretly view what the cheater is doing.
a GPS tracking device to monitor the cheater’s whereabouts, or the location of the cheater’s car.
a keylogger, software or gadget of some type to install on the cheater’s computer to monitor his or her e-mails, instant Messages, chats, or other online activities.
software to monitor, intercept, or keep track of the cheater’s cell phone calls.

But state and Federal laws prohibit certain ways of spying on a cheating mate.

Buying Spy Equipment Doesn’t Make it Legal

Do-it-yourself spy equipment is widely available and affordably priced.

But what most people don’t realize is that being able to buy such equipment doesn’t mean that it’s legal to use it.

While it’s not illegal to buy spy equipment or electronic surveillance devices, there are strict state and federal laws governing where, when, how and under what circumstances such equipment can be used.

Using it may be a violation of the law.

Both online and offline stores that sell surveillance, or so called “spy” equipment, post disclaimers stating that the products they sell are not to be used illegally.

But it’s your responsibility as the buyer, or user to determine what constitutes legal use of this equipment in your state.

By Using It You May Be Breaking the Law

In most cases, the ordinary use of this equipment to track your mates location, or monitor or intercept your mate’s communications without their knowledge or consent, is a violation of the law.

You could be subject to stiff penalties and/or one or more years in jail, depending on the state where you live.

In most cases, the laws, sometimes referred to felony eavesdropping laws, apply to both telephone and computer communications and include phone calls, text messages, e-mails, instant messages and chat room logs.

Federal laws apply nationwide. And though laws may vary slightly from state to state, most states also have some variation of these laws on their books.

For example, in New York, hacking into someone’s computer account or tapping their phone conversations is a class E felony punishable by up to 4 years in jail.

You Can Also Go to Jail for This

If you hire a private investigator who violates the law by illegally using spy equipment or electronic surveillance equipment , or persuade a friend or relative to use this equipment on your behalf, you could still be in violation of the law. See When Should You Hire a Private Investigator to Check Out a Cheating Mate?

In some states, both of you could go to jail.

You should also bear in mind that illegally acquired evidence is inadmissible in a court of law. So forget about using information obtained through the illegal use of spy equipment to help you get a divorce.

Other Illegal Spying Techniques

Pretexting is another illegal practice commonly used by infidelity victims to prove infidelity or to catch a cheating mate.

Pretexting is pretending to be someone else in order to get personal or private information about another person.

This includes calling a phone company under false pretenses to gain access to the cheater’s cell phone or telephone record; or calling hotels, banks, credit card companies or other places under false pretenses to obtain information about the cheater or his or her activities or financial affairs. See How to Get a Cheater to Tell You the Truth about His Affair

The Legal Way to Spy on a Cheater

In view of this, if have suspicions about your spouse or significant other, and you don’t want to risk going to jail, you need to find an alternate way to spy on your mate. See What Should I Do If I Think He or She Is Cheating on Me?

Fortunately, there are ways to spy on the suspected cheater without running afoul of the law.

Knowing what to look for is the key.

A good infidelity reference book can help.

There are a number of good infidelity books on the market, but Is He Cheating on You? -- 829 Telltale Signs is the only infidelity reference book which documents practically every known sign of infidelity, including the subtle signs people usually overlook. Despite the title, most of the signs in this book apply to both cheating women and cheating men.

NOTE: The e-book version of Is He Cheating on You? -- 829 Telltale Signs sold through Booklocker.com, has a special 10-page section for men with cheating wives or girlfriends, entitled Is SHE Cheating?

The signs of infidelity documented inIs He Cheating on You? are conveniently grouped into 21 major categories so you can easily find the signs that apply to your marriage, your relationship or your mate. No electronic gadgets required. All you need are your own eyes and ears, your personal knowledge of your mate, and the information in this book.

In this day and age, If your spouse or significant other is cheating, you can’t afford to be the last one to know. See What a Betrayed Wife Stands to Lose by Being the Last to Know

But to find out, you don’t have to break the law.

The method above is discreet, inexpensive, accurate and 100% legal.

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Ruth Houston is a New York-based infidelity expert who is frequently called on by the media to comment on high profile infidelity and popular infidelity issues in the news. She is the founder of www.InfidelityAdvice.com, the author of Is He Cheating on You? - 829 Telltale Signs, and publishes the Infidelity News and Views blog. To interview infidelity expert Ruth Houston, or have her speak at your next event, call 718 592-6029 or e-mail InfidelityExpert@gmail.com

For practical advice on infidelity and other relationship problems, see the articles, resources, and free tip sheets below:

40 Fatal Signs That You’re about to Be Dumped

Is He Cheating? Is She Cheating? – 21 Ways You Can Tell (free tip sheet)

7 Steps to Catch a Cheating Mate

You Think He’s Cheating on You - Is It Intuition or Insecurity?

What Should I Do If I Think He or She Is Cheating on Me?

12 Valid Reasons to Snoop if You Suspect Your Mate May Be Cheating on You

How to Get a Cheater to Tell You the Truth about His Affair

Will You Be the Next Woman to Become a Victim of Infidelity?

How Can I Keep Him From Cheating on Me?

Before Searching for Signs of Infidelity, Prepare Yourself for What You Might Find

Is He Cheating on You? - 829 Telltale Signs (soft cover book)