The advent of the Internet has made certain crimes possible where before they were not, or much easier to commit than they once were. Unfortunately, the law is slow to catch up, and some law enforcement agencies are still not sure how to handle Internet-based white-collar crimes . Internet crimes include many different types of crimes.
Because commerce on the Internet almost always crosses state lines, Internet fraud is usually charged as a federal offense. These are very serious crimes that carry up to 20 years in prison for a first offense. In addition, in many cases, authorities may also seize property they believe was used in or purchased with proceeds from the alleged fraud. However, you may be charged with identity theft or other types of theft by fraud under California state law in addition to your federal charges.
A sex crime lawyer represents clients charged with coerced or illegal sexual conduct. If convicted, defendants can expect severe penalties, such as prison time, large fines, and registering as a sex offender. Since a conviction can follow you for the rest of your life, mounting a defense is critical. Learn about the common types of cases Criminal Defence Lawyers in Melbourne
handle and reach out if you need help.
Common charges a sex crime lawyer defends
Sex crime lawyers handle various cases, including rape, sexual assault, child molestation, internet sex crimes, and human trafficking. Attorneys evaluate the evidence and create a defense strategy. That might include petitioning to get the charges dropped or negotiating a plea deal. Sometimes, it is necessary to go to court to defend the charges.
Internet sex crimes
Missouri recognizes various internet sex crimes. These crimes include child pornography, sending unwanted sexually explicit photos, and viewing pornography in a public place. The penalties depend on the specific offense. However, a prison life sentence is possible if convicted of a felony internet sex crime, such as child pornography.
Solicitation of a Minor
Federal law makes it a crime to engage in any on-line solicitation of a minor for a sexual purpose. A sexual purpose is defined as having the intent to commit a sexual activity with that minor. On-line solicitation is one of the most targeted and investigated activities by federal law enforcement. The act of on-line solicitation often occurs in the form of e-mail or instant messaging. Contacting a minor becomes a violation of federal law when the nature of the conversation turns sexually explicit.
In order to be prosecuted physical contact with the minor is not required. The mere sexually explicit communication or forwarding of sexually explicit materials to the minor is enough for a conviction under federal law.
18 U.S.C. Section 2422 provides punishment for whoever, using the mail or any facility of interstate or foreign commerce to knowingly persuade or induce anyone under 18 years old to engage in any sexual activity that could result in criminal charges, or attempts to. If convicted of solicitation of a minor you may be facing large fines and/or imprisonment for a minimum of ten years.
Police, federal prosecutors and judges take a very aggressive approach to convict anyone accused of solicitation of a minor. You will need to retain the services of a skilled federal sex crime defense attorney into the case early to provide time to have an independent investigation of the evidence in your case. It is possible to reveal inconsistencies in the victim’s claim or other flaws in the sex crime case which can result in charges being reduced or dropped altogether.
Federal Sex Crimes
Federal sex crime charges are typically only filed if one of two circumstances is met: (1) the activities took place on federal property – i.e. military bases, government buildings and federal facilities; and/or (2) the acts involved communication or transportation across state lines. With the rise of the internet and the ease of online communication the initiation of many sex crimes begin online. Some of the federal sex crimes include 18 U.S. Code § 2252A:
Child Pornography (Section 2252A)
Production of sexually explicit depictions of a minor for importation into United States (Section 2260).
Transporting someone in interstate commerce with the intent they engage in prostitution or other illegal sexual activity (Section 2421).
Transportation of minors in interstate commerce with intent to engage in criminal sexual activity (Section 2423(a)).
Interstate or foreign travel with intent to engage in a sexual act with a juvenile (Section 2423(b)).
Use of interstate facilities to transmit information about someone under 16, with intent to entice or solicit them to engage in any unlawful sexual activity. (Section 2425).
Sexual Exploitation of Children – 18 U.S.C. § 2251
Selling or Buying of Children – 18 U.S.C. § 2551A
In addition to protecting your rights and advising you of your legal options, a federal sex crime attorney could also take steps that will result in a lesser charge or a dismissal of a case altogether.
Internet sex crimes are just that: sex crimes committed through the use of the Internet. Common Internet sex crimes charges include:
Child Pornography: Due to complex technology and the World Wide Web, accessibility of child pornography has increased. Often, allegations of child pornography involve uploading or downloading content from file-sharing sites.
Online Solicitation: Online solicitation is a broad area that encompasses numerous activities and communications via the Internet. It can involve using online forums and bulletin boards to post suggestive advertisements that are attractive to minors. Online solicitation can also refer to the use of instant message and chat to obtain photographs of naked minors or to set up meetings with underage individuals.
Sexting: Texting has become an essential method of communication in our society, especially for juveniles and for college and university students. Sexting, sending pictures of naked people or those involved in suggestive activities, also has made its way into the standard communications of many people. However, by sending or receiving photographs or videos of individuals under the age of 18 in compromising situations or unclothed, the sender and the recipient can be charged with an Internet sex crime
Internet sex crimes can be prosecuted through both state and federal judicial systems. Conviction brings heavy penalties including registration as a sex offender and mandatory minimum prison sentences.
When facing criminal charges for a sex offense, especially at the federal level, you need a seasoned, aggressive federal criminal defense attorney representing you in court. Federal sex crimes are some of the most serious criminal offenses you can be charged with and hiring a federal criminal defense attorney at the beginning stages of your case is the best way to ensure that your defense strategy is as strong as possible, based on your specific circumstances. In fact, having a skilled attorney representing your defense in federal court could mean the difference between clearing your name and being required to register as a sex offender, a stigma that can follow you for the rest of your life.
Internet sex crimes like producing or selling child pornography are almost always considered federal crimes because the internet is considered an “interstate commerce facility,” meaning it can be used in the exchange of commodities between residents of different states, across state lines.
Individuals charged with sex crimes in Los Angeles can be prosecuted in state or federal court, depending on the details of the alleged offense, and federal sex offenses are significantly more serious than those charged at the state level. Federal sex crimes typically carry a mandatory minimum sentence upon conviction and are sometimes prosecuted in connection with other federal criminal charges, such as drug trafficking or kidnapping, which can result in increased criminal penalties. As a federal offense, sex trafficking of a minor carries a mandatory minimum prison sentence of 10 years or 15 years, depending on the age of the victim and whether the crime was carried out by the use of fraud, force or coercion; the federal crime of traveling across state lines with the intent to have sex with a minor carries a minimum 30-year prison sentence; and the federal crime of producing child pornography carries a mandatory minimum prison sentence of 15 years.