Forwarding text from someone else's phone

Discussions on technology and its application and implications in divorce

Forwarding text from someone else's phone

Postby newlife 4 us » Fri May 11, 2012 1:09 pm

Question…
Is it illegal for someone to pick up another person’s phone and forward some of their text to themselves? … Without their consent.
I would think so but can’t find anything on this.

oh and not husband and wife...not that it might make a difference??
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Re: Forwarding text from someone else's phone

Postby defaultuser » Fri May 11, 2012 1:11 pm

I'm guessing it would be pretty hard to prosecute and you wouldn't have the cops lining up to arrest you even if it is illegal.

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Re: Forwarding text from someone else's phone

Postby Fatheroffour » Fri May 11, 2012 1:13 pm

If it is illegal, best of luck with the prosecution.
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Re: Forwarding text from someone else's phone

Postby Trevor » Fri May 11, 2012 1:17 pm

Best of luck too with the conversation that begins with "hey, wth is this with the 15 texts I sent to you yesterday? I didn't send you any texts yesterday. WTF is going on, Mister?"
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Re: Forwarding text from someone else's phone

Postby newlife 4 us » Fri May 11, 2012 1:22 pm

looking more for the text to be Un-Submissive in court..and then bring up that they were Illegally obtained, hoping for a hand slap or more!

i just cant find where it states this is illegal

the person whos's phone was taken has records of them being sent to the other. it shows this on the online phone records.
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Re: Forwarding text from someone else's phone

Postby Fatheroffour » Fri May 11, 2012 1:24 pm

Look up the federal and appropriate state wiretapping law.

It's in there somewhere.
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Re: Forwarding text from someone else's phone

Postby defaultuser » Fri May 11, 2012 1:31 pm

I would also think its hearsay.

Person A texts Person B: "My wife is a hag, and I'm cheating on her"

Person C gets Person A's phone and forwards the text to person C's phone.

In court, person C testifies that they forwarded the texts to themselves. Person A objects to the evidence being entered. It is hearsay. Person A takes the stand and can't recall ever sending that text message. Inadmissible unless person B is there to testify as to receiving those texts.

*I think*... check with an attorney.
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Re: Forwarding text from someone else's phone

Postby newlife 4 us » Fri May 11, 2012 1:32 pm

631. (a) Any person who, by means of any machine, instrument, or
contrivance, or in any other manner, intentionally taps, or makes any
unauthorized connection, whether physically, electrically,
acoustically, inductively, or otherwise, with any telegraph or
telephone wire, line, cable, or instrument, including the wire, line,
cable, or instrument of any internal telephonic communication
system, or who willfully and without the consent of all parties to
the communication, or in any unauthorized manner, reads, or attempts
to read, or to learn the contents or meaning of any message, report,
or communication while the same is in transit or passing over any
wire, line, or cable, or is being sent from, or received at any place
within this state; or who uses, or attempts to use, in any manner,
or for any purpose, or to communicate in any way, any information so
obtained, or who aids, agrees with, employs, or conspires with any
person or persons to unlawfully do, or permit, or cause to be done
any of the acts or things mentioned above in this section, is
punishable by a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in the county jail not exceeding one
year, or by imprisonment pursuant to subdivision (h) of Section 1170,
or by both a fine and imprisonment in the county jail or pursuant to
subdivision (h) of Section 1170. If the person has previously been
convicted of a violation of this section or Section 632, 632.5,
632.6, 632.7, or 636, he or she is punishable by a fine not exceeding
ten thousand dollars ($10,000), or by imprisonment in the county
jail not exceeding one year, or by imprisonment pursuant to
subdivision (h) of Section 1170, or by both that fine and
imprisonment.



Based on this i would say yes... thanks FOF
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Re: Forwarding text from someone else's phone

Postby newlife 4 us » Fri May 11, 2012 1:35 pm

i can see how that would be a tuff one dfu. however there is 100% proof that the person who's phone was taken was no where around the phone during the fwd of these messages.
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Re: Forwarding text from someone else's phone

Postby defaultuser » Fri May 11, 2012 2:10 pm

Taking a step back, how bad would it be if you just said, "yeah those were my texts."
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