Internet sex crimes
Title
18 USC 2422 addresses some child sex crimes. It is unlawful to use the
mail in interstate commerce to persuade or attempt to persuade a child
under 18 to engage in prostitution or sexual activity. This includes
the internet. Potential prison sentence is 5 years to 30 years.
Internet Solicitation of a child or minor
If
you use the internet to lure a child to engage in sexual activity which
is illegal in the state where the sex would occur, you could be
convicted. This is so even if the minor is an undercover agent or cop.
Internet solicitation of a minor is a common federal computer sex crime.
I have computers experts analyze each computer sex crimes case to help with the defense.
Child Pornography
The
production, possession, distribution or sale of child pornography is
also a crime. However, it is perfectly legal for you to distribute or
possess images of what appear to be children engaging in sexual
activity, IF no children were involved in producing the image. Federal
law distinguishes between merely possessing child porn and trafficking
in child porn. Trafficking carries a more substantial prison sentence.
Interstate Travel to engage in illegal sexual activity
18
USC 2423 addresses traveling in interstate commerce to engage in
illegal sexual activity. As with internet solicitation of a minor, it
does not matter that the minor is an undercover agent if the other
elements are proved. The focus is on the defendant traveling with the
proscribed illicit intent to engage in unlawful sexual activity.
Potential prison sentence of 30 years.
Mailing obscene matter
18
USC 1461 outlaws mailing obscene material. However, there are defenses.
If you were not aware that the material was going to be mailed, that
would be a defense. For example, lets say hypothetically you posed for
a lover and thought the video was just for the two of you. Later, your
lover sold the videos through magazine advertisements. You should be
found not guilty, with the right federal criminal lawyer representing
you, because theres no proof that you knew the tapes were going to be
used for that purpose.
Entrapment Defense
Many
otherwise law-abiding citizens with no prior convictions, make a
mistake and are entrapped by federal agents. The entrapment defense
requires governmental inducement of the crime and the lack of
defendants predisposition. So, the government has to persuade you in
some way to commit the crime. At trial, once we put on evidence that
you were induced to commit the crime, the burden of proof shifts to the
government. The government must then prove beyond and to the exclusion
of every reasonable doubt that you were predisposed to commit the
crime. For many internet sex crimes cases, this is the only defense.
Sexual Predator Designation
The
sexual predator designation is the "Scarlet Letter" that can haunt you
for the rest of your life. You will have to register, probably have to
move unless your house is very far away from any day care or school,
and your face will be plastered on the internet.
Whether
you are charged with solicitation of a child via the internet, internet
sex crimes, child molesting, lewd and lascivious molestation, child
pornography possession or distribution, statutory rape, prostitution
charge or you want to discuss your entrapment defense, call me