San Diego Cyber Crimes Attorney

Have you been charged with a cybercrime against children? If so, you might feel overwhelmed and distressed, unsure how to move forward. Our San Diego cybercrimes attorneys are here to guide your steps and do everything we can to improve your case outcomes. 

We have specific experience defending clients against cybercrime charges involving minors. Allow us to build a strong defense on your behalf, represent you in court, and bring you peace of mind throughout this tumultuous time in your life as you seek a fair resolution. 

Contact The Law Office of Elliott Kanter today at 619-231-1883 for legal representation. 

What Are Cybercrimes? 

The widespread use of digital communication has made cybercrime charges more and more common throughout the U.S. Cybercrimes can include any criminal activity that occurs through a digital means, such as online or via text message. 

At The Law Office of Elliott Kanter, we represent clients charged with cybercrimes involving solicitation of minors and child exploitation.

California Criminal Charges for Cybercrimes Involving Minors 

California recognizes several types of cybercrimes involving minors. Allow us to break down your charges and help you understand what penalties you might face.

Solicitation of Minors 

Under California Penal Code 288.3, it is illegal to contact or attempt to contact a person under 18 years of age online with the intent of committing a felony offense. This is considered "Contacting a Minor to Commit a Felony." It can include direct or indirect communication. 

To convict you of this crime, the prosecution would need to prove that you:

• Attempted to contact a minor
• Intended to commit a listed felony with the minor
• Knew or reasonably should have known that the person was under age 18

Those listed offenses include crimes such as:

• Kidnapping
• Rape
• Child abuse

In many cases, a person charged with one of these offenses would also be charged with §288.3 for contacting the minor before committing the offense.

Sexual Exploitation of a Child

Under California Penal Code 311.3, "sexual exploitation of a child" is defined as knowingly developing, printing, duplicating, or exchanging materials depicting a person under the age of 18 engaging in sexual conduct. This includes both online/digital means and physical ones. The "sexual conduct" might include:

• Sexual intercourse
• Lewd exhibition of genitals
• Masturbation
• Bestiality
• Penetration of the genital area
• Urination or defecation for sexual purposes

Our San Diego cybercrimes attorneys sometimes see this charge referred to as "using a minor for obscene purposes." 

To be convicted under California Penal Code 311.3, prosecutors would need to prove that you:

• Knowingly exchanged materials depicting a minor involved in real or simulated sexual conduct
• Were aware of the obscene content in the depiction
• Knew or reasonably should have known the person was under 18 

Sextortion

Sextortion falls under California Penal Code 518, which defines "extortion" as obtaining property or other consideration from another person using wrongful force or fear. The "consideration" in this legal statute can include the materials defined in 311.3 (sexual exploitation of a child). 

A person might commit sextortion against a minor if they threaten or coerce them to send explicit images online. For you to be convicted, the prosecution must prove beyond a reasonable doubt that you behaved with criminal intent to extort. If your case involved a minor rather than an adult, you may face more severe penalties. 

What Penalties Will You Face for Your Cybercrime Charges? 

If you are found guilty of "Contacting a Minor to Commit a Felony," you might face:

• Up to three years in California state prison
• Up to $10,000 in fines
• Informal probation
• Lifetime registration as a sex offender

Meanwhile, if you are found guilty of child exploitation, you might face up to $2,000 in fines and up to one year in a county jail. 

If the prosecution convicts you of extortion or a related sextortion charge, you might face felony charges, up to three years in state prison, and/or a fine of up to $10,000. 

For all three offenses, if you have a prior conviction of the same or a similar crime, your penalties may be more severe. 

Whether you plead guilty or not guilty to your charges, our San Diego cybercrimes attorneys will seek the lightest possible sentence. 

Possible Defenses Against Cybercrimes Involving Minors 

If you were charged with a cybercrime involving minors, remember that, under the law, you are innocent until proven guilty. Should you decide to plead "not guilty" to your charges, our criminal defense attorneys will create a strong defense to show why your charges are unfounded. 

Possible defenses we might use in your case include the following: 

• You received child exploitation materials without your consent. Perhaps someone sent you the materials in question, and you had no control over their actions. 
• You did not know that the person you contacted was a minor. Charges for solicitation of minors hinge on your knowledge or presumed knowledge that the person you were contacting was a minor. If they portrayed themself as older or you had no way of knowing their age, we may be able to deny this knowledge. 
• You did not have criminal intent. Perhaps you were talking to a minor but did not have criminal intent. The prosecution has the burden of proof to show that your conversations with them indicate your desire to engage in criminal activity. 
• The digital evidence against you is misleading or inadmissible. In this day and age, where AI images and hacking abound, digital evidence is no longer as reliable as it once was. The evidence against you could have easily been fabricated, or perhaps the prosecution found it in an unlawful way.  
• Law enforcement entrapped you. This occurs when an officer induces someone to commit a crime that they theoretically would not have otherwise. We may be able to use this defense if the police were involved in your case and you have no prior history of sexual offenses. 

Seek Legal Help From Our San Diego Cybercrime Attorneys

Are you searching for a "digital crimes lawyer near me"? At The Law Office of Elliott Kanter, we have extensive experience defending clients charged with solicitation of a minor, child exploitation, and related cybercrimes. 

Call us today at 619-231-1883 or fill out our contact form, to schedule a consultation with our experienced San Diego cybercrime attorneys.

Child Cybercrimes FAQs

How Do Prosecutors Prove Cybercrimes?

Prosecutors prove cybercrimes by tracing the person’s online activity. They often must gather extensive evidence before they can charge someone with this type of crime. Let our seasoned cybercrime lawyers help defend your charges in San Diego. 

If Convicted of a Cybercrime Involving Minors, Will You Become a Registered Sex Offender?

You may need to join the sex offender registry if you are convicted of a sexual offense. California assigns different tiers to those convicted of different sexual offenses. Tier I requires a person to register for 10 years, while Tier 3 requires registration for life. 

How Can a San Diego Cybercrimes Attorney Assist You?

Our San Diego cybercrimes attorneys can gather evidence to build a strong defense, help you through the legal process, and advise you on what actions to take to help your case. Let us provide dedicated legal support through this challenging time.