Is It Illegal to Hack Someone’s Phone in California?

November 24, 2025 | [email protected]

“Hacking” someone’s phone can cover a wide range of activities, like accessing another person’s messages, photos, location data, private apps, or online accounts without their knowledge or permission. Some defendants underestimate how serious the law is about these activities.

If you’re facing these allegations, it’s crucial to understand the law and to contact a criminal lawyer to effectively defend yourself.

California Penal Code § 502: The Comprehensive Computer Crime Law

This is one of the primary laws governing hacking into someone’s phone in California. It applies to desktop computers, cell phones, tablets, or any electronic device connected to a network.

Under this statute, it is illegal to access someone else’s device or system without explicit permission. It might prohibit activities such as unlawful snooping, accessing files, deleting or modifying data, or installing spyware, tracking apps, or keyloggers.

What the Law Specifically Prohibits

The law targets unauthorized access, as well as the misuse of data and digital tools.

Some examples include:

Accessing computers, cell phones, or electronic networks without proper consent⁠, even if nothing is changed or stolen
Copying, changing, or deleting information when you don’t have permission
Introducing viruses, spyware, keyloggers, or any form of malware into a device or a company system
Sharing someone’s password or digital access methods to help others break in or snoop
Taking files, customer lists, or proprietary data from your job for outside gain

To convict, the prosecutor must also prove that you knowingly broke the rule, meaning you were aware you didn’t have permission, but accessed or misused the device, data, or network anyway.

Penalties for Hacking a Phone or Network

The consequences for illegally accessing someone else’s phone or computer network can be life-changing and depend on the circumstances of the offense:

Misdemeanor or felony charges: Prosecutors have a choice, depending on the severity of the hacking. In more extreme cases, such as stealing financial data, the offense is likely to be charged as a felony.
Jail or prison time: If convicted, penalties may involve up to 3 years in state prison for the most serious felonies.
Fines: Defendants can face fines ranging from $250 to $10,000 or higher, especially in aggravated cases or those involving multiple people.
Probation: Instead of or in addition to incarceration, the court might require ongoing check-ins with a probation officer, participation in counseling, or monitoring for repeat conduct.

The specific penalties also depend on your criminal record, with harsher penalties being given to those who have prior arrests and convictions.

Civil Penalties

You can also face civil penalties, which are totally separate from a criminal case:

Compensatory damages: Victims can file a lawsuit to obtain financial compensation for any economic losses or out-of-pocket expenses incurred as a result of the hacking.
Injunctive relief: The court can order you to stop wrongful behavior immediately, turn over any stolen data, or stay away from victims and their devices.
Punitive damages: In severe or deliberate cases, extra damages may be awarded to punish the defendant. These are referred to as punitive or exemplary damages.

Being accused or convicted of violating hacking laws can follow you for years, so if you’re under investigation, you need to speak with a criminal defense lawyer as soon as possible.

Defense Strategies in Hacking Cases in California

If you’re accused of hacking a phone or network, there are defenses you can raise to protect yourself and your future. Common ones include:

Lack of Intent or Knowledge

Hacking charges require that you knowingly accessed a system without permission. If you truly believed you had consent, made a mistake, or were using a shared device, this can undermine the prosecution’s case.

In some situations, the alleged victim gave the defendant permission to use their device, and therefore, it isn’t actually hacking. You can provide emails or texts as proof, which can help with your defense.

Insufficient Evidence/Burden of Proof

If the prosecution can’t prove it was you accessing the phone or network, this could raise a reasonable doubt. Your lawyer can hire experts to argue that you weren’t the one who accessed it, or have witnesses testify to your whereabouts at the time the alleged crime took place.

Contact Our San Jose Criminal Defense Lawyers for a Free Consultation

The sooner you contact a lawyer who has experience with these types of cases, the sooner you can get started with your defense.

For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500