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How do I legally deal with a situation where my email was hacked and misused?

Newark, NJ |

One of my emails that I used a while back was hacked and it seems the person who hacked it is a close person because he/she emailed nude pictures of me from my computer (unbeknownst to me) to adult movie studios claiming to be sent for an audition.

Secondly and importantly, this person also emailed a pornstar in CA saying that he/she wanted to make a pornographic video in NJ (they did this claiming to be me). The talks didn't go far and it seems they discussed just the rates.

Now, will I get in trouble for the second point? I emailed the adult movie stars who had my pics and they were kind enough to delete them. But will i be in trouble for the email sent to film a video in NJ? Isn't that illegal?

I am paranoid and nervous. Please help me.

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Attorney answers 2

Posted

Considering you did not do anything and did not send the email, it is doubtful that you would face any trouble for sending an email whatever consequences there may be. You had no intention of making any video in or out of NJ so you should be ok on that front. Not only that but no video was made. As to the rest, you may have a civil case against this person under several causes of action. I suggest consulting an attorney.

Feel free to email me for a free consultation if you would like to - gcriscione@lawcrt.com

This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only.

Asker

Posted

Thank you Galen! I feel much better but regardless of the fact that I didn't send that email for that video to be made, isn't it still illegal? In addition, can i ask the email host to get me the IP address from where it was sent? And it seems that this person knew my password.

Asker

Posted

"Not only that but no video was made.." Does that mean that since nothing was exchanged nothing against the law occurred, right?

Galen J Criscione

Galen J Criscione

Posted

Just remember for any sort of criminal liability, as a rule, you have to have knowledge and intent to do something. A person has a valid defense if they had no knowledge. You could ask the email host but I don't know that they would give it to you. If you started a lawsuit you could have an attorney attempt to subpoena it.

Galen J Criscione

Galen J Criscione

Posted

I would not worry that a prosecutor would go after you for an email stating to someone in CA that you wanted to make an adult film in NJ - an email that you didn't actually write. If it would make you feel better you should email that person and state that someone hacked your email and you have no intention of making adult movies.

Asker

Posted

Ok. I guess I made my first take then. I deleted the email sent from the hacked email address. What can I do now? Does it make sense to pursue this legally? I don't even know who would do it. My computer has been used a few times by some relatives and 1-2 friends but normally I don't let anyone use it and I always lock it down even if i am out for 2 minutes.

Galen J Criscione

Galen J Criscione

Posted

Whether to pursue it and whether it's worth it is entirely your choice (assuming you have a case of course). It will cost time and money of course, and maybe it is worth it if you can prove damages - more details about what happened and how it may have affected your reputation, work, etc. would be needed. Email me at gcriscione@lawcrt if you would like a further opinion/advice about it.

Asker

Posted

Thanks Galen. Let me take some time and I will email you after I have thought about what to do. Thanks for your outstanding support.

Galen J Criscione

Galen J Criscione

Posted

You are welcome.

Posted

As my colleague has indicated, if you are NOT a minor, then the mere transmission of email and nude pictures to adults does not sound like a crime for which you can be punished, however, as he has also indicated, there are some civil actions, and perhaps even criminal ones, that you can pursue against the hacker.

Obviously you should terminate the account and seek, if nothing more, an injunction against the hacker friend. In the future, I would, without making judgment, but noting the obvious, refrain from uploading pictures you do not wish circulated for you never know where they will wind-up.

Good luck.

The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.

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