Vista DUI Lawyer and Criminal Attorney Peter M. Liss

24 hour hotline
  • DUI / Felony DUI
    • Vista DUI Attorney
    • DMV Hearings
  • Domestic Violence
  • Sex Crimes
    • Sex Crime Defense
    • Child Molestation
    • Child Pornography
  • Traffic Offenses
    • Traffic Crimes
    • Hit and Run Accidents
    • No-License Driving
    • Reckless Driving
  • More Practice Areas
    • Juvenile Offenses
    • Violent Crime
      • The Three Strikes Law
      • Weapons Charges
    • Theft Defense
    • White Collar Crime
      • Fraud Charges
    • Drug Crimes
  • About
    • About Attorney Peter Liss
    • Contact Us
    • San Diego Office
    • Client Testimonials
    • Case Results
  • Resources
    • Law Blog
    • The Criminal Process
    • Hiring a Criminal Lawyer
  • English

Is it Illegal to Snoop Through Someone’s Phone in California?

September 11, 2023 Written by Jill Harness and Edited by Peter Liss

Last Updated on September 3, 2024

is it illegal to go through someone's phone

Sometimes people worry their partner may be cheating and decide to spy on their spouse or lover to find out the truth. In the past, that often meant checking their letters, listening to phone conversations on another phone connected to the home’s landline, or hiring a private investigator to watch the potential cheater, but nowadays, keeping tabs on your partner can be as simple as just picking up their cell phone and looking at their messages and apps. Unfortunately for those hoping to find proof of their partner’s infidelity, it is an illegal invasion of privacy to look through someone’s phone without their consent in California.

Accessing a Phone Without Permission

Under California law, snooping on someone’s cell phone violates statutes against accessing a computer without permission. While the law’s title specifies computers, even hacking into a server, such as someone’s email or social media account, qualifies, as do cell phones. The law does not provide an exception for situations where one partner paid for the phone and phone service as long as the phone is considered the personal property of another. Similarly, just because your spouse permitted you to use their phone in the past doesn’t mean you can access it to spy on them without their consent.

Is it a Felony to go Through Someone’s Phone?

This crime is a wobbler, meaning it can be charged as a felony, misdemeanor, or even an infraction. In most cases where a spouse uses a phone to keep tabs on their partner, it is charged as an infraction. When charged as an infraction, accessing your partner’s phone without permission can result in a fine of up to $1,000. As a misdemeanor, the crime is punishable by up to 1 year in jail and a fine of $5,000.

More serious charges for accessing a computer or server without permission are typically reserved for those who commit the crime for something more nefarious, such as stealing financial information. As a result, romantic snooping is unlikely to result in felony charges.

However, when a jilted lover does something to destroy or alter the data on her partner’s phone, this is considered to harm the other party, so these situations can result in felony charges. When charged as a felony, the crime is punishable by up to 3 years in prison and $10,000 in fines.

Is it Illegal to Hack Your Spouse’s Phone?

Yes. Accessing their phone, social media, or email accounts without consent is a crime. However, if you go beyond that and install an app or malware designed to forward texts, emails, social media messages, or phone recordings to their cell, you can face additional charges under the state’s wiretapping laws.

Note that simply listening to one side of your partner’s telephone call is not illegal unless the call is made in a place where they have a reasonable expectation of privacy. So, for example, if they’re sitting in the living room talking to their lover, you would not be breaking the law if you stood in the hallway and listened.

Wiretapping can be a felony or misdemeanor, resulting in up to 3 years in prison when charged as a felony or a maximum sentence of 1 year in jail when charged as a misdemeanor. Most first-offense crimes involving jilted lovers are filed as misdemeanors.

Installing a GPS tracking app on your someone’s phone without their permission could also result in your facing criminal charges for cyberstalking.

Defenses for Spying Crimes

The two strongest defenses for these crimes are claiming that you actually had permission to use and look at your partner’s phone or denying that you used the phone at all. Obviously, you cannot use both of these defenses simultaneously. Since being proven to lie can harm your case, anyone accused of snooping on someone’s cell phone should contact an attorney as soon as possible.

Remember that what you say can harm your case, especially if you don’t know the full extent of the evidence against you. In many cases though, if your partner gave you their password or didn’t have a lock screen on their phone, you may be able to argue that you either had their ongoing permission or that they did not expect to maintain privacy on their device. Just because someone gives you their passcode one time does not mean they have consented to let you access the phone whenever you want.

Is it Illegal to Go Through Your Child’s Phone?

While it is ordinarily illegal to go through someone’s phone or text messages without consent or to track someone using the GPS on their phone, California laws allow an exception for parents of minors under 18. However, this exception expires when they become a legal adult.

Can an Employer Snoop on their Employees’ Phones?

The other exception to the state’s laws barring spying on the devices of others is employers who want to keep tabs on their workers. However, this is only legal if the employer owns the cell phone and has informed their employee that their text messages, emails, calls, or other information sent through the phone will be monitored.

If you have been accused of violating the law by snooping on another person’s cell phone, please call defense lawyer Peter M. Liss at (760) 643-4050.

Filed Under: Computer Crimes, CRIMINAL DEFENSE, THE CA LEGAL SYSTEM, WHITE COLLAR CRIME Tagged With: felonies, misdemeanors, hacking, right to privacy, spying, technology, wiretapping, Cell phones

Call Today, I Can Help You

criminal justice attorney Peter M. Liss

The Experience You Need

I have been practicing law for over 40 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have successfully defended hundreds of cases in my career, fighting charges ranging from drunk driving to capital murder.

Two Easy-to-Find Offices

My Vista offices are located just off the 78 freeway, directly across the street from the local courthouse and jail facility. For those further south, I have another office in Carmel Valley, off the 5 freeway and highway 56. Both offices offer free parking.

Call (760) 643-4050 Now

You can call my offices any time of day, every day to speak with a live person who can help you schedule a free initial consultation. If you have any questions, I return my calls promptly and courteously.

My Guarantee to You

Fight for your freedom without draining your wallet! I offer affordable rates and accept all major credit cards. Hablamos Espanol.

I’m available, let’s talk

My Practice Areas

I handle all types of misdemeanor and felony criminal cases in San Diego County, including:

  • Driving Under the Influence
    • DMV DUI License Hearings
  • Domestic Violence
    • Sex Crimes
    • Sexual Assault/Rape
  • Child Molestation
    • Child Pornography
  • White Collar Crimes
    • Fraud Cases
    • Identity Theft
    • Computer Crimes
    • Theft Crimes
    • Petty Theft
    • Grand Theft
    • Shoplifting
    • Robbery
  • Drug Charges
    • Drug DUI
    • Trafficking
  • Violent Crimes
    • Weapons Offenses
    • Assault
    • Homicide
    • Hate Crimes
    • Gang Crimes
    • Three Strikes Law
  • Criminal Traffic Offenses
    • Driving on a Suspended License
    • Hit and Run accidents
    • Reckless Driving
    • Vehicular Homicide
  • Juvenile Crime Defense
    • Truancy
    • Vandalism
    • Minor in Possession

Categories

  • THE CA LEGAL SYSTEM
  • CRIMINAL DEFENSE
  • DUI / FELONY DUI
    • Sentencing
    • Traffic Stops
  • DRIVING OFFENSES
  • DOMESTIC VIOLENCE
  • WHITE COLLAR CRIME
    • Computer Crimes
    • Fraud Charges
  • DRUG OFFENSES
  • VIOLENT CRIMES
    • Gang Crimes
    • Animal Abuse
    • Assault and Battery
    • Homicide
    • Kidnapping
    • Weapons Charges
  • SEX OFFENSES
    • Sharing Obscene Materials
    • Rape
    • Sex Crimes Involving Children
  • THEFT CRIMES
  • FAQs
  • FEDERAL CRIMES
  • HYPOTHETICAL SITUATIONS
  • JUVENILE CRIME
  • LEGAL PROCEDURES
  • SENTENCING ALTERNATIVES
  • DUI/ Felony DUI
  • Driving Offenses
  • Domestic Violence
  • White Collar Crimes
  • Theft Defense
  • Violent Crimes
  • Sex Offenses
  • Juvenile Crime
  • Drug Offenses
  • Privacy Policy
  • Terms of Use
vista crimminal law logo
  • Attorney Peter M. Liss
  • (760) 643-4050
  • 380 S Melrose Drive #301 Vista, CA 92081

Copyright 2003, 2024 Peter M. Liss, Esq. ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified criminal defense attorney.

About Me Icon About Me Phone Call Icon Call Contact Icon Contact Email Icon Email