Is it illegal to spy on your spouse in Texas? The short answer is, yes. Spying on your spouse in Texas may violate Texas law. In today’s digital world, it has never been easier to spy on your spouse. But tread carefully, as you may believe you are correctly gathering evidence to use against your spouse in Court; however, you may be committing a crime. Additionally, depending on how the evidence is acquired, can determine whether you are able to use it in Court.
Here are some of the more common scenarios of spying on your spouse:
- Tracking Spouses Vehicle
It is illegal to install a tracking device on a vehicle exclusively owned or leased by your spouse. Texas Penal Code Sec. 16.06. The word exclusively is key here. You may track a vehicle where your name is on the title or lease.
- Recording Conversations
Texas is a one-party consent state. Texas Penal Code Sec. 16.02. It is legal to record your spouse’s conversations, whether in person, over the phone, or via some other electronic means, so long as you are a party to the conversation. If you are not a party to the conversation that you are recording, you may have committed a crime.
However, let’s say your child is on the phone with your spouse and you want to record that conversation. Let’s also say your spouse does not know you are a party to or recording the conversation. As a parent, you may give consent on behalf of your child to record. However, in this situation, you may only record the conversation if there is a good faith belief that the recording is necessary for the safety and welfare of the child.
- Hidden Cameras in the Home
With Ring cameras and the ease in buying hidden cameras, spying on your spouse inside the home has never been easier. However, it is a crime to record your spouse in a private setting where they may not be dressed, such as the bathroom or bedroom. Texas Penal Code Sec. 21.15.
- Accessing Your Spouse’s Phone
It is illegal to access your spouse’s phone without “effective” or expressed consent. Texas Penal Code Sec. 33.02. It does not matter if you purchased the phone or your spouse has given you the passcode and allowed you to use their phone in the past. If you are accessing your spouse’s phone for a reason not expressly consented to, then you may have committed a crime.
- Accessing Private Accounts such as Email or Bank Accounts
It is illegal to access your spouse’s email, bank accounts, or other private accounts without their consent. Texas Penal Code Sec. 16.04. Even if you have been authorized to access the account in the past, for each additional instance, you need your spouse’s consent.
Evidence Issues
For argument purposes, and by way of example, let’s say you checked your spouse’s phone without their consent and see that they have been texting explicit messages someone not you. You take a picture of these messages with your phone and plan to use them in Court to help prove adultery. However, illegally obtained evidence cannot be used in Court.
What Should you Do?
Do call an experienced family attorney who can assist you with collecting evidence for your case. It is important to have an attorney who can navigate these complex evidentiary issues. Our team stays informed of all new laws and can help you gather evidence necessary to prove your claims. We are dedicated to help you in your time of need. If you would like more information or to speak with an attorney, give us a call at (832) 781-0320.