Legal Question in Criminal Law in Georgia

I used a program caused keylogger and when my girlfriend got on my computer and went onto facebook the program logged her password. So later I then used her password to go onto her facebook account and about 2 weeks later she found out. She was extremely pissed and lost trust and respect, not knowing how a loving boyfriend could ever go behind her back and do that. We talked on the phone that night and she recorded the hour long conversation of me admitting that I used keylogger to obtain her password and go on her facebook. She says that it is hacking since she did not give me permission and did not know I went on her facebook, which is her private "property." I was forced more or less to say I hacked her stuff. GA is a one party state so I did not need to know the phone conversation was being recorded. Is that correct? The phone conversation has now been downloaded to her computer.

We have worked on this issue and how I have told her this will never happen again. However, when we have a huge fight, as we do ever so often, it always ends in her saying something along the lines of "Have a nice life and I'll be calling the cops in the morning." She is always threatening me about calling the cops so they come and arrest me and put me in jail. (is that blackmail?)

It is important to point out two things. One, that I am on first offender probation for drug charges. And two, that this phone call was recorded about a month ago.

So I'm asking, what kind of trouble can I get in if she were to call the cops?

Can she give a legit case since this happened a month ago and didn't call for at least a month later.

If that is hacking is that a misdemeaner or a felony?

What kind of charges would I be facing along with the consequences?

Would this effect my first offender felony probation status?

If I recored her saying "I'll just call the cops" as a "threat" can I use that as blackmail?

Is there anything else I need to know?

Thank you so much,

Peter


Asked on 9/28/10, 3:48 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You could be charged with a felony. She can leave it hanging over your head for two years. But the longer she goes without acting the less likely it is that the police and prosecutors will follow up.

If you attempt to blackmail her (also a crime), you greatly increase the chances of getting prosecuted and going to jail.

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Answered on 10/03/10, 6:36 pm


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