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I would like to tell my story that contain things that may or may not be illegal. I planned to upload it to youtube for educational and entertainment purposes. I'm afraid though that I might be prosecuted. Will it hold up in court if it's used as evidence against me? Is there some kind of disclaimer I can use?

For the curious, it's about how I learned about hacking, and what I used it for.

Extra information: United States. Illinois.

I plan to leave out exact details, as I know that I can't be charged for hacking in general, but rather hacked duhduhduh.com at exact time and date. I could also claim the story is fictional. But someone said in the comments that would probably lead to perjury charges. It's a story I would really love to tell because there's a lot of educational value to it, I just don't want to be charged for trying to share an experience I had when I was young and naive.

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    In the USA it probably can't be used as evidence against you for that, but if you deny the claims, you might be given the new option of perjury versus lying to promote your interests. – Nij Dec 26 '16 at 5:10
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    Most crimes have a statute of limitations. After the statute runs, disclosing it doesn't matter. Until then, you are best to keep your mouth shut and avoid a classic dumb criminal act of confessing to a crime on the Internet. – ohwilleke Dec 26 '16 at 5:26
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To answer your main question, yes, anything you say can be used against you in court. See Miranda v. Arizona, 384 U.S. 436, 469 (1966); accord Fed. R. Evid. 801(d)(2)(A); Ill. R. Evid. 801(d)(2)(A).

Perjury means to lie under oath, see, e.g., 18 U.S.C. § 1621, so nothing from the Youtube video itself would create perjury issues.

  • Strictly speaking, anything you say voluntarily can be used against you in court, and Miranda is a case that sets a bright line standard for when things you say while in custody count as voluntary for this purpose (i.e. after you have been given a Miranda warning), so Miranda itself doesn't strictly apply to this case (since our YouTuber isn't in custody and hasn't been given a Miranda warning). But, the bottom line conclusion in this situation under the pre-Miranda case law is the same. – ohwilleke Dec 27 '16 at 4:55

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