Cyber Crimes Attorney

Cyber Crime Attorney in San Diego, California

As the Internet has developed, questions have been raised about our security and privacy on the web. There have been numerous data hacks in the United States, and the public release of personal information, so it’s no surprise cyber crime has blossomed. In fact, the FBI reports that losses from Internet crime doubled in 2009 alone. If you are charged with criminal computer activity, it’s often considered a federal offense. But the truth of the matter is, in their desire to see justice prevail, law enforcement officials often violate personal rights. So you need an experienced San Diego computer crime attorney to fight for your rights. It’s your future. Call The Law Office of Elliott Kanter for a no-cost, no-obligation consultation.

‍

Types of Cyber Crimes

Computer crime involves many activities and may include:

• Internet Gambling – A 2006 federal ban drove Web-based casinos offshore.
• Internet Pharmacy Fraud – It is a violation of the Federal Food, Drug, and Cosmetic Act to dispense prescription drugs without a valid prescription.
• Offshore Credit Cards – Restrictions are looser overseas. The catch: you might not ever see your money again
• Credit Card Fraud – Individuals may hack into your account and make purchases without your knowledge.
• Pornography – It’s a big business. Every second $3,075.64 is being spent on pornography.
• Solicitation of a Minor via the Internet – Chat rooms make it easy to meet children under the legal age, but sexual activities with a minor are still illegal.
• Identity Theft – Growing by leaps every year, identity theft is a form of fraud or cheating of another person’s identity in which someone pretends to be someone else by assuming that person’s identity, typically in order to access resources or obtain credit and other benefits in the name of the victim.
• Illegal Downloading and Other Intellectual Property Theft – Unauthorized copying and illegal downloading have had a major and damaging effect on the music, film and software industries and they have clamped down on online violations of copyright laws.

If you have been charged with any of these crimes, contact one of the top criminal law firms to discuss your case. Our attorneys can guide you through every step of the legal process, and in some cases, we may be able to negotiate with the prosecutors to have charges reduced.

Computer Crimes Involving Minor Children

California Penal Code 288.3 prohibits a person from contacting or attempting to contact a minor (a person under 18 years of age) with the specific intent to commit certain felony offenses. This law was enacted in California in 2006 in an effort to fight against the increasing incidents of internet predators.  It is similar to  Penal Code 288.2 “Sending harmful material with intent to seduce a minor,” and  Penal Code 288.4 “Arranging a meeting with a minor for lewd purposes”.

288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.

(b) As used in this section, “contacts or communicates with” shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system.

(c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.

Violation of Penal Code 288.3, “Contacting a Minor to Commit a Felony”, is a very serious offense.  Given the intent of the crime, those found guilty can face 16 months, 2 or 3 Years in the California State Prison, informal probation, up to $10,000 in fines and required registration as a lifetime sex offender.

San Diego County Cyber Crime Defense Attorney

California Penal Code 288.4, “Arranging a meeting with a minor for lewd purposes” makes it illegal to arrange to meet a minor (or a person you believe to be a minor) for sexual purposes.  The full text of the law is as follows:

CPC 288.4. (a) (1) Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.

(2) Every person who violates this subdivision after a prior conviction for an offense listed in subdivision (c) of Section 290 shall be punished by imprisonment in the state prison.

(b) Every person described in paragraph (1) of subdivision (a) who goes to the arranged meeting place at or about the arranged time, shall be punished by imprisonment in the state prison for two, three, or four years.

(c) Nothing in this section shall preclude or prohibit prosecution under any other provision of law.

This law means that if you arrange a meeting with a minor (anyone under 18) or a person who is believed to be a minor (such as an undercover sting where police pose as children in chat rooms) for sexual purposes you will be first charged with a misdemeanor and ”shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.”  The prosecution has to prove a sexual interest in children and that the meeting was for the purpose of exposing oneself or the minor or any other sexual conduct with the minor. The arrangement alone is a crime, whether you actually meet or not. For help fighting your computer crime charges, contact a criminal defense attorney as soon as possible.

San Diego Internet Lawyers Who Fight For Your Constitutional Rights

Computer crimes are often complicated by matters of jurisdiction, the loss of money and property forfeiture of property or money. Internet crime charges and other computer cases are usually tried in federal court. The penalties in federal court can be harsher, so there’s more a stake. If you’re charged with computer crimes in San Diego County, you need a skilled and creative lawyer to fight for your rights. Our San Diego criminal defense attorneys have over 40 years of experience defending clients in various criminal cases. Our law firm has a number of practice areas, including cybercrime, domestic violence, juvenile crimes, elder abuse, white-collar crimes, assault and battery, DUI and sex crimes.

Hiring An Experienced San Diego Cyber Crime Attorney

Often, computers can be accessed by more than one person. You could be falsely accused of a crime of which you had no knowledge of. Take the first step for defense against computer crimes in San Diego by contacting an attorney. Don’t take any chances. If you’re convicted of a federal crime, that could mean prison in a federal or state facility. You want knowledgeable legal representation that can negotiate your best case. So don’t delay in contacting experienced attorney Elliott Kanter by phone or by filling out the form on this website for a free consultation today. Our lawyers will provide you with legal advice based on the details of your case, and work with you to protect your rights. Don’t delay—contact our office by phone or email today.