Internet crimes, also known as cybercrimes or computer crimes, are not to be taken lightly. They are serious criminal acts that involve the use of a computer or other electronic device, such as a smartphone. These crimes, which can range from the distribution of child pornography to sophisticated hacking attacks, carry significant legal implications and underscore the critical importance of seeking legal expertise.
As technology evolves, so do the ways it can be misused. Cybercrimes can take many forms, from using the internet to harass others, solicit prostitution, breach the security of other networks, to committing fraud. These crimes can be committed in various ways, such as using any electronic system to solicit a minor for sex, accessing a computer or network without the owner's consent, or pretending to be someone else online with the intent to harm, intimidate, or defraud that person. Each of these forms carries its own legal implications.
Variations of these online crimes can be considered misdemeanors or felonies, depending on factors such as prior criminal convictions, the amount the accused gained, the amount the alleged victim lost, the age of the victim, and more. Understanding these factors is crucial in determining the severity of the charges and the need for a robust defense strategy.
Internet fraud is a broad term that encompasses various types of fraud crimes, including phishing emails that request personal information, online romance scams, and fake prize offers. If you are accused of an internet crime, you can face prosecution under complex statutes with harsh consequences, including fines and imprisonment. This underscores the critical importance of seeking legal expertise in such cases, which can provide you with the necessary guidance and reassurance in navigating the legal complexities.
Generally, the crime of fraud involves deceiving someone to induce them to relinquish something they value, typically money. For example, if you are accused of phishing for obtaining someone else's personal information, such as a Social Security number, you can be charged with California Penal Code 530.5 identity theft.
Under California Penal Code 502 PC, unauthorized computer access is a criminal offense when it involves accessing another person's or company's computer, data, software, or a computer network without permission. California Penal Code 646.9 PC, electronic harassment could be charged as a misdemeanor or a felony.
Federal Cybercrime Offenses
Cybercrimes involve the use of computers or online networks to commit illegal acts. Investigations often span state and even national boundaries, elevating cases to federal jurisdiction. To combat cybercrimes, federal agencies such as the FBI, the Secret Service, and the Department of Justice (DOJ) have established specialized units to investigate and prosecute internet-related crimes.
These agencies track illegal online activities and work with international partners to build cases against alleged offenders. Cybercrimes can become federal offenses if they meet certain criteria, such as if the criminal activity crosses state lines or international borders. This is fairly common because the Internet is not confined to one state or country.
Thus, if someone in one state hacks into a computer or network in another state, they could be charged with a federal crime. Other important factors that determine whether the crime will be considered a federal offense are when it involves the following:
- Federal government property,
- Federal employees,
- Federal banks,
- Human trafficking,
- Cyberterrorism,
- Extortion,
- Child pornography,
- Exploitation of minors.
Several federal statutes cover cyber crimes, such as the Computer Fraud and Abuse Act of 1986 (CFAA) and the Electronic Communications Privacy Act of 1986 (ECPA). The Identity Theft Enforcement and Restitution Act expands the laws addressing identity theft and cybercrime. It removes the requirement that the offense result in at least $5,000 in damages.
Federal law also prohibits transferring, possessing, or using another person's means of identification by email or other electronic communication with the intent to commit or in connection with any other federal crime or state felony.
Common Examples of Cybercrimes
Cybercrime charges often involve offenses involving computer systems or electronic communications. Under federal and state law, these charges carry prison time and substantial fines. Internet crimes cover a range of illegal activities, such as the following:
- Unauthorized access to a computer system or network (hacking), often to obtain sensitive information, disrupt operations, or cause damage.
- Using the Internet to deceive or defraud others, such as phishing schemes to trick people into revealing personal or financial information.
- Illegally obtaining and using someone else's personal information (identity theft), such as credit card details or bank account credentials.
- Using email or the internet to collect other people's credit card numbers to make unauthorized purchases (PC 484e credit card fraud).
- Crimes involving the possession, distribution, or production of illicit content involving minors (child pornography).
- Using digital platforms to disguise the origins of illegally obtained funds (money laundering).
- Electronic harassment (cyberstalking) involves the use of the internet to annoy, abuse, threaten, or harass another person.
- Sending nude photos, explicit videos, or flirtatious messages electronically to a minor (sexting).
- It's illegal to set up a meeting with a minor when it's sexually motivated (arranging a meeting with a minor).
- Using the internet to stalk, threaten, or harass others is a serious offense (online harassment).
Defense Strategies for Cybercrimes
Notably, digital evidence is the primary tool for most cybercrime prosecutions, such as IP address logs, email records, or files on your electronic devices. Law enforcement typically seizes computers and phones during their investigation. The technical nature of this evidence creates challenges and opportunities.
For example, electronic evidence must be properly preserved to be admissible in a criminal court. If improper handling occurs, the evidence can be excluded. Our defense attorneys can work with experts to review the evidence.
Because these crimes are prosecuted under specialized laws, the defense strategies that apply can differ significantly depending on the nature of the allegations. For example, a computer hacking case would typically rely on statutes that differ from those in an internet fraud case.
Another effective defense strategy involves challenging the evidence itself. For example, digital footprints can be misleading, which creates challenges for prosecutors. Simply put, sometimes, the district attorney finds it difficult to prove beyond a reasonable doubt that you committed the alleged crime. In such cases, our defense attorneys can question the reliability of the evidence, the methods used to collect it, and the conclusions drawn from it, potentially weakening the prosecution's case.
An Internet Protocol (IP) address alone may not identify the user of a computer at a specific time. Multiple people might access the same device, raising doubts about who performed the illegal actions in question. Our defense lawyers can highlight gaps in the evidence and question technical conclusions. Let's look at some other effective defense strategies for internet crime charges below.
Common Arguments for Cybercrimes
- Lack of Intent. Many cybercrime statutes rely on the presence of criminal intent, also known as mens rea. To be found guilty of hacking under 18 U.S.C. 1030 (Computer Fraud and Abuse Act), the government must prove that the defendant willfully intended to access a computer system without authorization. If we can show that you did not intend to engage in illegal activity or that your actions were accidental, this can undermine the prosecution's case. Without evidence that you knowingly committed an offense, the charges will be difficult to prove. You could have downloaded content without knowing it was illegal.
- Lack of Knowledge. Cybercrimes often involve technical complexities, including using advanced tools like encryption or automated software. Perhaps you were unaware that your actions had the potential to be considered a crime. For example, you may have lacked knowledge that your online practices violated federal laws.
- Handling of Digital Evidence. Federal cases rely on digital evidence, including email records, encrypted files, IP addresses, and server logs. The collection and storage of this evidence must comply with legal protocols. Suppose federal investigators fail to follow these protocols, such as mishandling digital data during the chain of custody transfers. In that case, the evidence may be excluded from court under the exclusionary rule.
- Violation of Constitutional Rights. Defending cybercrime charges may involve challenging violations of the defendant's Fourth Amendment rights, which protect against unlawful searches and seizures. Law enforcement agencies must obtain valid search warrants to access digital devices, social media accounts, and other electronic data sources. If a warrant was overly broad or lacked probable cause, we may argue that the evidence gathered is inadmissible, weakening the prosecution's case.
- Entrapment. This occurs when law enforcement persuades you to commit a crime you would not have committed otherwise. Perhaps we can demonstrate that the government's conduct was so coercive that you had no predisposition to commit the offense. Perhaps an undercover agent deliberately encouraged you to commit illegal online behavior; then, entrapment could be a viable defense.
Challenging Specific Criminal Charges
When facing identity theft charges, mistaken identity is often a strong defense against these allegations. Perhaps we can challenge the allegations made by law enforcement. For example, just because your information was found on a device doesn't mean you used it to commit fraud.
Defending child pornography requires an aggressive defense due to its severity. Perhaps we can argue that there was a lack of knowledge about the content, files being downloaded automatically without your awareness, the content not meeting the legal definition, and the images being found through an illegal search. Defenses for internet sex crime charges require experienced counsel to guide you through the legal process.
Defending against hacking charges often involves determining whether you lacked authorization. Access policies are often unclear, making it difficult to determine what constitutes unauthorized access. Perhaps we can challenge whether any actual damage occurred from the alleged access. Without proof of harm or intent to cause harm, prosecutors will struggle to prove their case. Technical experts can assess whether the actions were feasible given your skills and the systems involved.
When defending against internet fraud charges, we may focus on whether you intended to commit fraud. Many online interactions that look suspicious have legitimate explanations. Perhaps we can challenge the financial loss claims. If prosecutors can't prove actual damages, certain fraud charges might not apply.
Cybercrime cases require specialized legal knowledge. Our California criminal defense lawyers bring legal expertise and technical understanding to your defense. Developing a strong defense starts with reviewing all evidence. We will analyze digital forensic reports, interview witnesses, consult with technical experts, and examine the methods used to collect electronic evidence.
Perhaps we can identify weaknesses in the prosecution's case. If you're facing cybercrime charges, contact us to review the details and potentially challenge the prosecution's evidence. The criminal defense law firm of Cron, Israels & Stark is located in Los Angeles, CA.
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