California Internet Common crimes

Child Pornography

Under California Penal Code Section 311.1, it is a crime in California to produce, distribute, or even possess materials depicting minors engaged in sexual activity.

To be convicted under this statute, the prosecution must show that the defendant produced, possessed, or distributed pornographic materials and that the defendant knew or should have known that the persons depicted were minors under the age of 18.

Although typically charged as a felony, child pornography can also be charged as a misdemeanor offense. Punishment can range from up to 1 year in county jail, to a 3 year sentence in state prison. The most debilitating penalty that a conviction can bring with it, however, is the lifetime obligation to register as a sex offender in accordance to California Penal Code Section 290.

Because the internet has emerged as one of the primary means of soliciting, viewing, and distributing child pornography, state law enforcement as well as the FBI cyber crime task force are increasingly implementing internet sting operations to crack down on child pornography offenders. In catching people involved in child pornography, police and agents would go onto websites or chat rooms posing as kids or persons interesting in child pornography. They would also employ specialized software or the cooperation of websites and internet service providers to monitor or obtain information regarding internet activity. The popular social networking site, Facebook, for example, can be compelled to allow police access into your personal profile account.

If you are facing charges of child pornography, it is important to obtain a criminal defense attorney who can help you fight the allegations by raising certain defenses. Your attorney, for example, may assert that police had illegally obtained and seized the incriminating evidence, thus making it inadmissible in court. Your attorney may also claim entrapment by police, which means that you were unfairly induced or persuaded by police to commit a crime you otherwise would not have committed. If successful, an assertion of a defense may reduce the charge or dismiss it altogether.

Crimes Against a Child

Under California Penal Code Section 288 a crime is committed when an adult touches the body of a child for sexual gratification. The nature of the touching often involves inappropriate touching or fondling of the child’s sexual organs, or other acts of molestation. This crime is often referred to as “lewd acts on a minor under 14″ or “acts of lewd or lascivious conduct.” More and more incidents of this crime originate from contacts made over the internet; computers are playing a larger role in connecting potential molesters with their victims.

To convict a defendant of this crime, the prosecution must prove that the defendant willfully touched the body of a child (even if it is over their clothes) with the intent of arousing or gratifying their lust, passion, or sexual desires.

This crime is punishable as either a felony or a misdemeanor. A misdemeanor conviction may bring with it a sentence of up to 1 year in county jail and/or a maximum fine of $1,000. A felony conviction, however, may subject you to 8 years in state prison and/or a fine of $10,000. Factors such as the age of the child or whether the act involved violence or force goes into determining whether you will face felony or misdemeanor charges. You may also face the possibility of having to register as a sex offender under California Penal Code Section 290.

If you are charged with committing lewd or lascivious acts on a minor, you may have certain viable defenses available to you. False accusations of child molestation often occur, which sadly results in innocent people suffering the penalties of a wrongful conviction. A criminal defense attorney can guard against false accusations by attacking the validity or credibility of the accuser. This can be done by investigating the accuser’s background for any history of dishonesty or a bias or motive to injure the accused.

Identity Theft/Fraud

The advent of online shopping and banking has made it increasingly necessary for people to access their accounts by inputting their personal information onto websites. Although most websites have protective measures in place, savvy computer hackers can employ a number of tactics and internet scams to illegally obtain passwords or credit card information from even the most secured websites. Under California Penal Code Section 530.5, it is a punishable crime to use other people’s personal information for unlawful purposes.

To be convicted of this crime, the prosecution must prove that the defendant willfully obtained someone else’s personal identifying information; that the defendant willfully used that information for an unlawful purpose; and that the defendant used that information without consent. An unlawful purpose includes attempts to obtain credit, goods, or services while using the identity of another.

If charged as a misdemeanor, a conviction may bring with it a jail sentence of up to 1 year in county jail and/or a maximum fine of $1,000. A felony conviction may bring with it a sentence of up to 3 years in state prison and/or a fine of $10,000. In addition to criminal penalties, you may also be subject to civil liabilities; the California legislature recently passed phishing crime law that allows victims to recover $5,000 to $500,000 for each violation.

If you are facing identity theft charges, a criminal defense attorney can argue certain defenses on your behalf. Depending on the circumstances of you case, your attorney may be able to assert that your act was not intentional, thus negating the possibility that you willfully obtained or used the information. Another defense that may release you of liability is evidence that you had consent from the person whose identifying information you were using. Since a lack of consent is an element of the crime, to prove the presence of consent can result in a dismissal of the charge.

Cyber Stalking

Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety is guilty of the crime of stalking – even if it was committed solely with the use of a computer.

Social networking websites like Facebook, Twitter, and MySpace make it very simple for users to access other people’s information and post messages on their profiles. These websites are often misused as tools of harassment, since users can potentially post threatening messages.

To be convicted under California Penal Code Section 646.9, the prosecution must prove that the defendant committed any of the above-mentioned acts with the intent to cause the victim to fear for his/her own safety. Harassment is defined as an intentional course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes without any legitimate purpose to justify it.

The statute also applies in situations involving other electronic devices such as fax machines, video recorders, and cell phones. Leaving threatening voicemail or text messages on another person’s cell phone, for example, will qualify as stalking under this statute.

If convicted, the punishment may include imprisonment for up to 1 year in county jail or 5 years in state prison. Fines may also be imposed ranging from $1,000 to $10,000. Additionally, a court may impose a restraining order that prohibits any contact with the alleged victim.

If you are facing charges of cyber stalking, a criminal defense attorney can raise certain defenses on your behalf. To help you reduce or dismiss the charge against you, your attorney may assert that your threats were not credible, or likely to cause a reasonable person to fear for his/her own life. Your attorney may also argue your First Amendment right to free speech if your conduct falls among the protected activities of the amendment.

Illegal Downloading

With computers now able to connect with each other through the internet, it is easier than ever for people to share and distribute digital files and materials to other users all around the world. Peer-to-peer (P2P) networks enable file-sharing in which users can upload and download copyrighted materials among themselves. Industry organizations such as the RIAA and the MPAA monitor these P2P networks and target individual users to initiate copyright infringement suits against them. Obtaining copyrighted materials like movies and music without paying for them is essentially stealing, and there are laws that will not only impose civil liabilities but also harsh criminal penalties.

Federal copyright law traditionally targeted competitors of copyright holders, but recent criminal provisions also prosecute those who download illegally for personal use. The intangible nature of copyrighted materials makes it difficult for people to appreciate the ramifications of “stealing” such materials. However, it is a federal crime for any person to willfully violate a copyright. The penalties include a prison sentence that can range from 5 to 10 years as well as heavy fines, depending on the retail value of the copyrighted works (18 U.S.C.S. 2319).

Impersonation

Under California Penal Code Section 528.5, a crime is committed when an individual knowingly, and without consent, creditably impersonated another person online or through some other electronic means with the intent to harm, intimidate, or defraud.

An impersonation is considered credible if another person would reasonably believe, or actually did reasonably believe, that the defendant was the person impersonated. For purposes of this crime, “electronic means” includes opening an e-mail or social networking account in another person’s name.

Since it is a misdemeanor offense, a conviction may result in a sentence of up to one year in county jail and/or a maximum fine of up to $1,000. In addition to criminal penalties, a defendant may also be also incur monetary liability for the victim’s damages or loss.

These common internet crimes are all very serious offenses that would require the attention of an experienced criminal defense attorney. At Wallin & Klarich, our attorneys will analyze every detail of your case to formulate the best possible defense for you. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.