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Michigan Law Bans Spouse Email Surveillance, But What Else?
When two people enter a marriage, their lives become instantly intertwined. However, there are some aspects of one's personal property and information that are reserved solely for that individual, with even spouses being denied unauthorized access. In the latest entry on this Michigan criminal lawyer blog, police arrested a Michigan man for a felony crime after he accessed his wife's email account without permission.
Under Michigan law, accessing another person's email messages without permission is illegal. However, in this case, Leon Walker claims that the computer was for family use and that he already had access to his wife's passwords. Normally, issues like this are handled during divorce proceedings in Michigan. However, the prosecuting attorney in this case decided to charge Mr. Walker with a felony crime that will be dealt with in Circuit Court. This change results from the relatively-recent widespread use of personal computers, the internet, and data phones.
Besides snooping in another person's email account, there are several other types of surveillance techniques that are considered unlawful (even between spouses). As a top criminal lawyer, it is important to educate Michigan residents on state law, so that they may avoid criminal charges and the associated penalties.
- Eavesdropping - It is a felony to eavesdrop on a conversation without the explicit permission of everyone involved. Conviction of this surveillance crime can result in a two-year prison sentence, a $2000 fine, or both. MCL 750.539(C)
- Placement or installment of a tracking device on a motor vehicle without consent -Under state law, it is a misdemeanor crime to install a tracking device on the vehicle of an unknowing driver. If found guilty, the defendant could spend a year in jail, pay a fine of $1000, or both. MCL 750.539(L).
- Installing an Eavesdropping device - While it is a misdemeanor to trespass on private property in order to eavesdrop, it is a felony to install or use a tracking device in any private place without the permission of the residents or others entitled to privacy within that location. Defendants convicted of this crime face up to two years in prison, a $2,000 fine, or both. MCL 750.539(D).
- Divulging or using information obtained by eavesdropping -It is a felony to give out information that you know you illegally was obtained by eavesdropping. This is punishable by up to two years in prison or a $2,000 fine. MCL 750.539(E)
- Lewd Surveillance or Capturing lewd images - Snapping "compromising" photographs of a person when he or she is entitled to privacy is also a felony crime. Under the law, a picture is considered "compromising" if the person is naked or in their undergarments. Convicted defendants could face two years in prison, a $2,000 fine, or both. MCL 750.539(J)
As society changes, state legislation generally changes, too. It is important that every Michigan resident is familiar with laws that could potentially result in arrest. The surveillance law can be very confusing and complex, and it is essential that those charged with similar crimes contact a Michigan defense attorney for help. Doing so will not only provide further clarification of state law, but also the best legal advice and legal representation available. Having a good attorney can make all the difference in a criminal case. Do not hesitate to hire a legal advocate for your rights and freedoms.
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