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.
