Spousal (and Ex-Spousal) Spying – You Can Go to Prison, If You Do It Wrong

Have you ever thought about “bugging” your children’s teddy bear or diaper bag to eavesdrop on your ex?

A parent in Utah tried this exact thing (spoiler alert: it didn’t end well). She put recording devices on her child’s diaper bag because she wanted to hear what their father was telling them. Creative? Truly. Legal? No.

In this particular case, the parent attempted the eavesdropping nine different times, and when her ex-husband found out about that, she switched things up and hid the recorder in her child’s coat pocket. She and her criminal defense attorney claimed what she did was legal, as she claimed her children were in danger with their father.

This parent was charged with three counts of a 3rd degree felony for wiretapping or intercepting electronic communication. See Utah Code § 77-23a-4. And she was convicted.

This kind of crime can result in prison for no more than five years and a fine of up to $5,000. Utah Code § 77-23a-4(10).

There are legal and lawful ways to investigate an ex. Consult with a skilled attorney to understand what you can and cannot do, and what you should or should not do.

Do the right thing because it’s the right thing. But if that’s not reason enough to do be good and do right, remember that trying to dig up dirt on your ex by bugging your kids could cost you tens of thousands of dollars in attorney fees, court costs, and fines and send you to prison.

Utah Family Law, LC | | 801-466-9277

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