So far, Heather’s hacker has not yet been caught. But if they ever are, could the guilty party face criminal charges? What happened to the Glee actress was certainly an invasion of privacy, but was it a crime... and could the perpetrator be sent to jail?
In order to track down the answer, E! Online consulted a couple of different attorneys. The site reports that Heather’s hacker may have been in violation of state law when he or she swiped the nude photos, and that the actions might also be considered criminal under the Computer Fraud and Abuse Act.
Depending on the exact charges, a first-time offender for could be sent to jail for as much as five years... or as little as under a year, criminal defense attorney Jason Feldman tells E!
However, it’s possible that the hacker could face no jail time at all! “Most of the sentencing depends on what the financial loss to the victim is, or the gain to the defendant," attorney Peter Toren says. "Heather Morris would have a hard time proving she suffered financial loss. Did the defendant sell the photos? How much financial gain resulted?”
If the hacker didn’t profit much from the photos, he or she will likely be spared jail time — unless there is a history of past crimes. And even this is the case, don’t count on it to be anyone’s highest priority!
Toren continues, "I am not defending that action; it's against the law. But I think if you put it in the scheme of things, of what the FBI should be concentrating on, this is not high on their list of priorities."
The long and the short of it? "The FBI has a lot of better things to do with their time than chase down hackers who hack into cell phones to get photos of nude actresses," he says.