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INTERNET CRIMES

The age of technology brought with it new ways for people to commit crimes using the internet and computers – an umbrella term known as internet crimes.  Internet crimes reach far beyond the popularized image of computer hacking into fraud and offenses involving minors.  Though they may sound relatively harmless because no physical violence occurred, internet crimes are punished severely. Some offenses in this category, such as taking and copying data from a computer network without authorization, are criminalized in California. Others, such as committing internet crimes across state lines, are federal offenses.  There are also crimes which violate both state and federal laws. Conviction of any offense in this class of crimes can turn your world upside down, ruin your reputation, and follow you for the rest of your life.  That’s why if you are being investigated for, were arrested for, or have been charged with an internet crime you need good counsel.  As a former prosecutor, Santa Barbara internet crimes defense attorney, Christy Horowitz, knows how to handle these cases and will help you put your best foot forward and protect your future.
COMMON CATEGORIES OF INTERNET CRIMES
The term “internet crimes” encompasses a wide variety of charges, some of which may not come immediately to mind like illegal downloads and internet gambling.  Though there are many offenses that fall under the internet crime umbrella, the five categories most often charged are:

INTERNET FRAUD

HACKING

UNLAWFUL CONTACT WITH A MINOR

PHISHING/IDENTITY THEFT

CHILD PORNOGRAPHY

DEFENSE

 
INTERNET FRAUD – use of mail or the internet to carry out a scam or fraudulent scheme.  This can include advance fee fraud, lottery scams, and non–delivery merchandise fraud involving wire transfers to foreign bank accounts. In California, you may be charged with a misdemeanor for internet fraud on your first violation if:
  • No injury results from the crime, and
  • The total value of computer services that you used isn’t over $950.
A misdemeanor conviction carries up to 1 year in jail and/or up to $5,000 in fines. A California felony for internet fraud involves more than $950 in computer services value, and conviction carries a penalty of up to 3 years in county jail and/or up to $10,000 in fines. A felony internet crime under federal law can carry a lengthy prison sentence.  For example, a conviction for obtaining information by accessing a computer may be charged as a felony and carry up to a 10 year federal prison sentence.  These harsh penalties make it important that you consult with a proactive criminal defense attorney like Christy Horowitz to begin work on your defense immediately and protect your rights.
HACKING – accessing a computer, computer data or a network without authorization, usually for an unlawful purpose.
UNLAWFUL CONTACT WITH A MINOR – using the internet to lure a minor child for a sexual encounter.  It is illegal in California for an adult to contact or try to contact a child if they are “motivated by an unnatural and abnormal sexual interest in children”.  Contacting or attempting to contact a minor with intent to commit a subsequent offense such as kidnapping or rape can result in you being charged as though you had committed the subsequent crime – even if it never occurred. Using the internet to arrange or attempt to arrange a meeting with a minor to engage in lewd conduct can result in a 1–year jail sentence and $5,000 fine if you are convicted of a misdemeanor.  If you actually go to an arranged meeting spot on or near the time you agreed upon with the minor, you can be charged with a felony and sentenced to up to 4 years in state prison.  Both convictions require you to register as a sex offender for life.  

PHISHING/IDENTITY THEFT – obtaining sensitive personal data such as credit card numbers or Social Security numbers through email or the internet. California has many laws regarding credit card fraud, inducing someone to provide sensitive information by impersonating a legitimate business, or asking for personal information via email.

 

CHILD PORNOGRAPHY – access to or distribution of materials depicting any minor engaged in sexual activity through the internet.  It’s even a felony to merely possess “child” pornography created by “sexting” – one minor sending a sexually explicit image or video of themselves to another minor. Child pornography possession, production, and distribution offenses may be either misdemeanors or felonies depending on the facts present. Convictions of these crimes bring substantial penalties:
  • Lifetime registry as a sex offender
  • Incarceration of up to 4 years in prison depending on the offense
  • Fines up to $50,000 depending on the offense
DEFENSE – A key to the defense of many internet crimes is a requirement the prosecution show you knowingly engaged in the prohibited action. Accidentally performing the act complicates many prosecutions because it becomes difficult to establish a required element of the offense. Prosecutors must also prove you engaged in the act without permission or authorization. A skilled criminal defense attorney like Christy Horowitz can help fight the charges by preparing a tailored defense asserting these and other arguments such as mistaken identity or entrapment based on the facts of your case to lower the charges, negotiate alternate penalties or a plea, or secure a dismissal.