Using Someone Else’S Phone With Intent To Deceive

[1ozzy]

Is it illegal to send messages from someone else’s phone without their knowledge, giving the receiver the impression that the messages have been written by the owner of the phone?

[Posted on behalf of Naomi24]

[naomi24]

Many thanks. Much appreciated.

[1ozzy]

;-)

Hope you get the answers you are looking for.

[naomi24]

I don't know what I'm looking for but what this person is doing to a nice lady isn't right. Thanks so much for your help.

[Zacs-Master]

No. I'd say it comes under some sort of Naievety Tax for not putting a code on your phone.

[EDDIE51]

I am sure it is illegal just as sending a letter pretending it was from someone else or hacking an email address is. Going to be hard to prove though!

[EDDIE51]

Zacs I assume the person is 'borrowing' the phone with the owner's permission, thinking they just wanted to make a call.

[naomi24]

Eddie, The owner of the phone has confirmed in no uncertain terms that the messages weren't written by her, but were sent from her phone by her husband. She's furious!!

[Zacs-Master]

Assume what you like Eddie. The facts are very scant.

[naomi24]

Eddie, the phone wasn't borrowed with her permission. The husband just used it when she left it in the bedroom.

[EDDIE51]

Then she must do as Zac's says and put a locking code on the phone.

[1ozzy]

http://www.justanswer.com/uk-law/2qo4d-illegal-impersonate-someone-uk-by-telephone.html

[Zacs-Master]

Is she willing to report her husband to the police, or are you Naomi ( I presume the texts were to you?)

[naomi24]

Too late for security. The damage is done. I'm asking if what he's done is illegal and, if so, does she have any recourse?

[naomi24]

Zacs-Master, no they weren't to me. Had they been I'd have said so. I don't know if she's willing to report the perpetrator to the police, but the recipient would be. The messages were horrible.

[Peter Pedant]

why cant she post herself ? never mind

it seems or could be against the malicious communications act - here
http://www.legislation.gov.uk/ukpga/1988/27/section/1

or s2 of the Fraud Act
which is a conduct crime
you dont have to cause loss
( but you do have to intend to cause loss )

lawyers - you know they like splitting angels on a pin point

depending on the facts - malicious communications seems more of a goer - presumably the ladys phone is not being used to send photos of cuddly puppies or kittens or kids in prams .....

[Zacs-Master]

As I said....is she willing to report him to the police or are you if you were the recipient?

[naomi24]

1ozzy, thanks. I'll look at that.

[Zacs-Master]

Crossed posts. OK, is she willing to accept the consequences of the recipient reporting it to the police?

[naomi24]

Zacs-Master, I've answered your questions. I am not the recipient and you're not helping.

[naomi24]

Zacs-Master at 23:02, irrelevant.