A woman surnamed Zeng was sentenced for using her ex-wife’s account to send sex recordings

A woman surnamed Zeng broke up with her ex-wife after they divorced. She took advantage of the opportunity of knowing her ex-wife's Facebook account password to secretly log into her ex-wife's account and send a 14-minute and 36-second private message of their past "sex panting recording file" to her ex-wife's current boyfriend. She also used her ex-wife's account to leave messages saying, "I'll squat inside if I don't come out again" and "The next message is attempted murder." The judge was sentenced to two months in prison and fined for altering another person's computer electromagnetic record without reason.

The verdict found that after Zeng's daughter divorced her ex-wife, in April last year, Zeng's daughter logged in without authorization based on her ex-wife's Facebook account and password that she remembered, and then sent a private message to her current boyfriend using his ex-wife's account. She also sent a 14-minute and 36-second sex sound file that recorded the two's past non-public activities, with the intention of asserting sovereignty to the other party and destroying their relationship.

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Zeng's daughter also used her ex-wife's account to leave a message at the bottom of the post, "I'm going to the police station now. If you don't come out to face me, then go squat inside." She also sent pictures of injury examinations, report forms, etc., and arrogantly said, "Are you going to fight me?" and "If you trouble me again, the next one will be attempted murder."

During the prosecutor's investigation, Zeng's daughter argued that her ex-wife knew she could log in and had asked her to help retrieve her password. However, prosecutors examined the conversation records and found that her ex-wife had no knowledge of the incident and had been resisting. They determined that Zeng's daughter's words were not credible. However, due to the part of the sex audio file that was transmitted, it was found that there were only gasping and moaning sounds from both parties and could not show specific sexual intercourse actions. It was only transmitted to her current boyfriend, which did not meet the requirements of "distribution to the public." Therefore, no further prosecution was required.

During the trial in the Kaohsiung District Court, Zeng's daughter confessed to the crime. The judge held that Zeng's daughter and her ex-wife had a family relationship as stipulated in the Domestic Violence Act, and her behavior of logging in and changing electromagnetic records without reason constituted the crime of domestic violence. However, because the Domestic Violence Law did not have independent penalties, she was sentenced to two months in prison according to the crime of obstructing computer use under the Criminal Law, with a fine and the possibility of appeal.