Larkin Ingrassia Andrews Criminal Defense Attorneys | September 15, 2026 | Criminal Defense
In New York, knowingly accessing another person’s phone, computer system, or network without authorization can be a crime. Depending on what happened after the unauthorized access, a person could face charges for unauthorized use of a computer, computer trespass, computer tampering, eavesdropping, or other offenses.
“Hacking” doesn’t have to use sophisticated software or require someone to break through advanced security. Guessing someone’s passcode, using a password they shared with you months ago, or logging into an ex’s accounts from a device that stayed signed in can all fall under a criminal statute in some situations.
Unauthorized Use of a Computer
A person commits unauthorized use of a computer when they knowingly use or access a computer, computer service, or computer network without authorization, and under New York law, a smartphone qualifies. Unauthorized use of a computer is a Class A misdemeanor, which carries up to 364 days in jail.
While it’s not a felony, it still creates a criminal record, and the same conduct often supports additional charges depending on what was done after access was gained.
Computer Trespass
Computer trespass applies when someone knowingly accesses a computer, computer service, or network without authorization and either does so intending to commit, attempt, or further a felony, or knowingly gains access to “computer material.” Computer trespass is a Class E felony, punishable by up to four years in prison.
For example, someone who logs into an ex’s email account without permission and searches for banking information to steal money could face computer trespass charges, because the unauthorized access was done to further a felony.
Hacking Someone’s Phone Can Also Lead to Computer Tampering Charges
If a person changes, deletes, or destroys data after gaining unauthorized access, the person could face computer tampering charges. New York recognizes four degrees of computer tampering, escalating with the amount of damage and the circumstances. The charge can be anywhere from a Class A misdemeanor to a Class C felony, carrying up to 15 years in prison.
Can Reading Someone Else’s Text Messages or Emails Be Eavesdropping?
In some circumstances, yes. Unauthorized interception or access to electronic communications can lead to an eavesdropping charge. New York defines eavesdropping to include unlawful wiretapping, mechanical overhearing of a conversation, and unlawfully intercepting or accessing electronic communications. This is a Class E felony, carrying up to four years in prison.
Not every situation where someone reads another person’s text messages will be charged as felony eavesdropping; it usually depends on how the communication was accessed. There’s a legal difference between glancing at a text that pops up on a lock screen and secretly installing software that intercepts messages as they’re sent.
Is It Illegal To Hack a Spouse or Partner’s Phone?
It can be. Marriage or a romantic relationship does not automatically give someone unlimited permission to access the other person’s phone or private accounts.
These cases commonly arise in the following situations:
- A spouse guesses a passcode to look through the other’s phone
- An ex-partner keeps using a password after a breakup
- Someone accesses a partner’s email, social media, or cloud accounts without current permission
- Monitoring software is installed secretly on a partner’s device
The recurring legal question is whether the access was actually “without authorization,” and the fact that the two people involved are in a relationship doesn’t change that.
Contact Larkin Ingrassia Andrews Criminal Defense Attorneys To Schedule a Free Consultation With a Kingston Criminal Defense Attorney
If you’re being investigated or have been charged with unauthorized computer access in New York, computer trespass, tampering, or eavesdropping, you need to take the situation seriously. In some cases, you might feel that it’s a private dispute between people in a relationship, but even if that’s the case, you can face criminal charges, even a felony.
Working with a lawyer will give you the chance to defend yourself and tell your side of the story. Contact Larkin Ingrassia Andrews Criminal Defense Attorneys today for a free, confidential consultation with a Kingston criminal defense lawyer.
We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Andrews Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345