Internet Sex Crimes

With the huge technological advances related to the internet in recent decades, criminal offenses on the computer have also increased in huge numbers. One of the more serious offenses is any type of internet sex crime, which often involves minors. The consequences of this type of crime can range from misdemeanor to felony offenses, depending on the state and the crime.

Child Pornography

Under Federal Law, child pornography is illegal because it is a form of child sexual exploitation. This includes any visual depiction of a person under 18 committing sexually explicit conduct. The government prohibits the possession, distribution, reception, and production of child pornography. Since law enforcement agencies have tried to crack down on child pornography, allegations may be made without considering the defense of the accused or hearing out explanations as to why the material could be on the computer.

Charges for possession of child pornography can be made if a person is caught with explicit photographs or videos of a child engaging in sexual acts. These are often found in virtual files on the individual’s computer. Penalties for this crime can include a prison sentence of up to 10 years and public sex offender registration, depending on the content and origin of the files, as well as the person’s knowledge of the pornography’s existence. If a person has knowingly received a visual depiction of a minor engaging in sexual conduct, then that individual can be charged with receipt of child pornography. If convicted, then the person will be imprisoned anywhere from 5-20 years in a federal jail.

If an individual is caught distributing child pornography, then they can be facing up to 20 years in jail, with mandatory sex offender registration. Distributing does not only mean sending material to another person, but can also include file sharing, printing the images, or storing them to a hard drive. The most serious crime related to child pornography is production. The consequences for producing a visual depiction of a child engaging in sexual conduct is 15-30 years in a federal prison and mandatory sex offender registration. This can include actions such as taking an explicit picture of a child in a suggestive position on a mobile device, or recording a sexual act involving a child onto a camera or computer.

Online Solicitation

Another crime involving a minor is online solicitation, which involves an adult contacting a minor for the purpose of engaging in sexual activity with them. The contact with the minor is not illegal until the conversation turns to sexually explicit content. Depending on the age of the minor and the accused, the maximum penalty charge could be a felony of the second degree, which has penalties of up to 20 years in prison and fines of up to $10,000.

Disseminating Matter Harmful to Minors

An individual can incur charges for “disseminating matter harmful to minors” if they have provided juveniles with materials that are considered to be obscene or harmful. With the increased use of the internet, distribution of such material to a minor has become much easier. Since the definition of obscene can sometimes vary from person to person, each state has its own definition of what this should include. In California, this can include visual representation of sexual intercourse, masturbation, bestiality, a photo of exposed genitalia or other explicit material. (CA Penal Code 313.1) Persons who violate this statute can face up to one year in a county jail and a fine of $2000.

Get Skilled Legal Representation from My Firm

Sexual misconduct can have extremely detrimental consequences for individuals who are convicted, including loss of freedom, heavy fines, and loss of reputation. If you are facing charges for sex crimes on the internet or otherwise, then it is imperative that you hire a San Jose criminal lawyer, from Edward N. Ajlouny, Attorney at Law. My firm can aggressively fight for every one of our clients, no matter how complex or difficult the case might be. Contact us today for your free case evaluation!