California Internet Crimes Attorneys

What You Need to Know About Internet Crimes

As business and leisure increasingly takes place over the Internet, the state and the nation have begun to recognize that criminal activities may take place there as well. Laws applying to the Internet prohibit the exploitation of children, child and adult pornography, gambling, stalking and “hacking” — destroying or altering someone else’s data. Internet service providers like AOL are generally willing to work with law enforcement to identify customers accused of these and other crimes, and sometimes to prevent them. Both the state of California and the United States prohibit certain activities on the Internet, especially crimes relating to children.

California has many laws prohibiting online sexual exploitation of children. These include prohibitions against knowingly storing, making, copying, distributing or exchanging anything showing sexual conduct by a minor (“child porn”). In order to catch potential offenders, law enforcement officers frequently mount online “stings” that seek to entrap offenders. They might ask users to send them illegal material, ask where they can find illegal material or promise to send illegal material to the user if they are given contact information. In other cases, law enforcement impersonates a minor who may “flirt” with the user, exchange photos and ask to meet. Once the meeting is set up, law enforcement arrests the user and charges him or her with crimes related to attempting sexual conduct with a minor. It doesn’t matter that there was no minor and no sexual conduct; the judicial system will accept the meeting and the prior communications as proof that the user intended to engage in that conduct.

Another set of state laws applying to Internet conduct prohibit stalking or harassment. If you repeatedly contact someone through electronic communication (including e-mail) made in bad faith, you can be charged with contact with the intent to annoy. If you repeatedly contact someone electronically to threaten them, and law enforcement decides that they have a reasonable cause to fear, you can be charged with stalking. Either charge could carry time in jail or in state prison. This may be punished especially harshly if the alleged victim is a minor.

Finally, California law (Penal Code 502) prohibits “hacking,” which is defined as unauthorized access, damage, tampering or interference with a lawfully created data system. This includes simply accessing data or using a system without authorization, as well as altering or adding data without damaging the system, introducing a virus or trying to disrupt or destroy a system, or falsely using another entity’s domain name in emails. This can be charged as a misdemeanor that carries a sentence of up to a year in jail and a fine of up to $5,000, or a felony that could put you in prison for up to three years and fine you up to $10,000. Other laws prohibit “spam” and “phishing” emails that seek to trick people into revealing financial information.

The Internet crosses state lines, and therefore these crimes may be charged as federal rather than state crimes, potentially adding to your sentence and making the case much more complicated. This is especially true when you crossed state or national lines to commit the alleged crime. If you’ve been charged with an Internet crime in California, it’s essential to find a law firm with experience in both California and federal Internet laws. The California Internet Crime Attorneys at Wallin & Klarich’s have 30 years of experience in fighting for their clients rights, call today for a free case evaluation.

At Wallin & Klarich, we approach every case with the belief that the person we’re defending could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing Internet crime charges in Southern California, you should call the Internet Crime Attorneys at Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today.

More California Internet Crime Information

• Internet Crimes Overview
• Common Internet Crimes
• Internet Crimes FAQ
• Client Testimonials: Internet Crimes

California Internet Crimes overview

As computers and the internet rapidly gain prominence in the way people conduct business, socialize, and share information, they have also emerged as highly sophisticated tools for committing crimes. Internet crime, or cybercrime, is very broad and can include offenses ranging from criminal threats, to child molestation, to theft or fraud.

Prosecutors and investigators at both the state and federal level work in conjunction in internet crime investigations to prosecute the full gamut of computer crimes. The more common crimes include:

• Child Pornography – Any act of knowingly producing, possessing, or distributing images depicting minors under the age of 18 engaged in sexual activities is illegal in California. See California Penal Code Section 311.1.

• Crimes Against a Child – It is illegal in California for an adult to contact or attempt to contact a minor under the age of 18 on the internet for the purposes of luring them from their home without parental consent to commit lewd acts with the minor for sexual gratification.

• Identity Theft/ Cyber Fraud – Fraudulently obtaining personal information of another for illegal purposes is prosecuted in California as a theft crime. See California Penal Code Section 530.5.

1. Spoofing: This is a fraudulent activity in which websites or emails attempt to gain an illegitimate advantage by passing themselves off as coming from a legitimate company or website.
2. Phishing: This is the process of attempting to acquire personal information such as usernames, passwords, and credit card information through fraudulent, misleading methods such as spoofing.
3. Credit Card/Bank Account Fraud: This type of fraud occurs when a person uses another persons credit card or bank account information to make unauthorized purchases online.
4. Computer Hacking: This crime occurs when a person gains access to computer programs or secured websites through unlawful tactics. See California Penal Code Section 502.

• Cyber Stalking – Stalking another person through the computer is punishable in California as stalking. See California Penal Code Section 646.9. Sending threatening, unwanted emails to the victim to the point where they begin to fear for their safety will qualify as cyber stalking. This crime also applies to posts or messages on social website profiles like Facebook or Twitter.

• Illegal Downloading – This crime occurs in situations where copyrighted materials (e.g., movies, music, etc.) are shared or illegally downloaded through file-sharing software without authorization.

At Wallin & Klarich, our attorneys are deeply concerned about the serious accusations that stem from internet crimes and will work to defend our clients against the legal repercussions that they may face. Internet crimes are rapidly emerging in prominence and our attorneys are prepared to zealously defend those who are accused of such crimes. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.

More California Internet Crime Information

• Internet Crimes Overview
• Common Internet Crimes
• Internet Crimes FAQ
• Client Testimonials: Internet Crimes

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).

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.

More California Internet Crime Information

• Internet Crimes Overview
• Common Internet Crimes
• Internet Crimes FAQ
• Client Testimonials: Internet Crimes

California Internet Crimes FAQ

1. How do I report internet crime?

You can file a complaint with the Internet Crime Complaint Center (IC3), which is a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA). IC3 processes complaints and refers them to the appropriate law enforcement agencies for investigation.

2. Is spamming a crime?

SPAM, also known as “junk mail,” is a term that refers to unsolicited commercial emails that are sent out in massive amounts. The use of SPAM in itself is not illegal, but it is regulated. In the United States, spam was deemed legal by the passage of the CAN-SPAM Act of 2003 if the underlying message adhered to certain specifications.

3. Can internet crimes be federally prosecuted too?

Yes. Since the internet crosses state lines, a crime involving the internet can also constitute a federal offense. A federal offense will be prosecuted in more specialized federal courts in proceedings that are different and somewhat more complicated than those followed by state courts. If you are facing federal charges involving internet crime, it is very important that you contact an attorney who is highly qualified and licensed to practice in federal court proceedings. At Wallin & Klarich, our attorneys have over 30 years of experience in defending clients against criminal prosecution in federal court.

4. Is it illegal to upload music or movies onto the internet even if they don’t  charge for it?

Yes. If the music or movie that you are uploading is copyrighted material, you are not allowed to distribute them in any way without the permission of the copyright holder – even if you are doing for no charge.

5. If I accidentally download child pornography or receive unsolicited child pornography by email, can I be criminally charged?

Yes. The law requires that you destroy all child pornography in your possession and to contact law enforcement authorities. Even if your motivations are innocent or honorable, you may still be prosecuted for possession of child pornography as long as you have downloaded it onto your computer and saved it on your hard-drive or a storage disk.

More California Internet Crime Information

• Internet Crimes Overview
• Common Internet Crimes
• Internet Crimes FAQ
• Client Testimonials: Internet Crimes

Testimonials

Internet Crimes

INTERNET CRIMES:    Stephen Klarich was successful in obtaining an internet exclusion for me (the removal of my picture and personal information from the sex offender website). My name and face was plastered all over the internet for everyone to see causing great havoc in my life I was asked to leave jobs, stores, restaurants, etc. with the threat of the police being called or great bodily harm. A lot of fly by night organizations contacted me and offered this service. I was so relieved to know that I had the best law firm with the most experience and the greatest reputation of Wallin and Klarich to help me in this matter. Now no one will ever see it again and I can proudly say to any one that had seen it previously that I am no longer on it. I can not express my thanks enough to Stephen D. Klarich.

Sincerely,
-M.A.

More California Internet Crime Information

• Internet Crimes Overview
• Common Internet Crimes
• Internet Crimes FAQ
• Client Testimonials: Internet Crimes