Legal Question in Technology Law in Missouri

Re: An email/internet crime?

There are legitimate questions here, and some that suggest an ulterior motive. I will answer the question, and, where appropriate, make suggestions.

First, whether the break in to the account was lawful or unlawful depends in large part on how it was done. If the family owns a computer and the email was on the family computer, he should have joint possession of that device and should have the ability to access it without a problem. If he broke in "on line" by hacking the email server (for example, he dialed into earthlink and tried different passwords until he hit one), there could be potentially serious problems here, depending on what the prosecutor's views are in your state. You need to discuss this issue with an attorney and get solid advice before proceding.

Adultery is prohibited by the UCMJ. The officer could get in trouble. However, it may not be wise to try to get the officer in trouble since he may not know that she is married. He may not be guilty of any crime if all he did was correspond. Adultery is committed with a sexual act, and I doubt you have proof of that. Without proof of that, he couldn't be charged. If the intent is to blackmail him into stopping the affair, extortion is also a crime. This is not something you should even consider.

Pornography is more than naked photos. Naked photos are not, per se, pornographic. The officer may not be using a government computer.

Child custody is an issue of state law. The wife's conduct would be one factor, but it would not necessarily be the predominant factor. That factor would be who would be best to take care of the child. Usually that involves something more serious than simply sexual misconduct. This is bad behavior, but it does not bear on her ability to be a good mother.

Your son should hire an attorney right away and discuss this matter with him to ensure his rights are protected.