Computer Sex Crimes Defense

Cybersex is a common outlet in today’s world. As a result, cyber sex crimes are being charged more frequently in federal and state courts. Joint and individual “sting” operations are in place by the FBI, the U.S. Postal Inspectors, Homeland Security, Immigration and Customs Enforcement (ICE) and other state and local law enforcement agencies. Many of these Oklahoma computer sex crimes are prosecuted in the federal courts because of the multi-jurisdictional issues and the federal government’s resources devoted to these issues. However, the State is catching up with technology and is now routinely charging technology and cyber crimes. We defend those charged with Oklahoma computer sex crimes nationwide in federal courts or in state courts in Oklahoma.

The Wyatt Law Office has represented suspects in some of these operations and many other cyber investigations. With the proliferation of the Internet, criminal complaints involving cybersex will likely involve allegations such as:

• Possession of Child Pornography is punishable by zero to 20 years for simple possession. For receipt of child pornography, the range of punishment is not less than 5 years nor more than 20 years. Soliciting or causing a child to participate or manufacturing carries 15 years to life. See 18 U.S.C. § 2252A.
• Sexual Exploitation of a Child involves possession or distribution of any material such as visual depictions in books, magazines, periodicals, films, and videotapes that involve sex acts or sexual exploitation of a child (under age 18). Generally speaking, the range of punishment is the same for possession of child porn. See 18 U.S.C. § 2252.
• Solicitation of Child Porn. 18 U.S.C. § 2251 makes it a crime to post “any notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce any visual depiction involving the use of a minor engaging in sexually explicit conduct. This statute also applies when such person knows that such notice or advertisement will be, or has been, transported in interstate or foreign commerce by any means, including by computer.”
• Production for Importation. Creation or production of sexually explicit depictions of a minor for importation into the United States is a crime pursuant to 18 U.S.C. § 2260.
• Solicitation of Children for Sex. 18 U.S.C. § 2425 makes it a crime to use interstate facilities (i.e., the Internet or phones) to transmit information about an individual under the age of 16, with “the intent to entice, encourage, offer, or solicit that minor to engage in any sexual activity that can be charged as a criminal offense.”
• Human Trafficking & Trafficking for Prostitution. Although human trafficking per se is not necessisarily a sex crime, most children who are kidnapped are trafficked or sold for sexual purposes, which would result in a sex crime application. It is a crime to take children across state or federal borders for sex. See 18 U.S.C. §§ 2421, 2423 and 2251A(a) and (b).
• Traveling for Sex with Children. It is also a crime for an adult to travel across state or federal borders for the purpose of engaging in sex. See 18 U.S.C. § 2423(b).
• Sex Tourism involves a perpetrator who travels abroad in order to engage in a sex act or acts which are illegal in the U.S. but may be lawful in another country. Covered under the Federal Protection Act, an offense of this nature may involve a person traveling to another country with a minor or to meet a minor and engage in sexual activity. A mandatory 10 year term of imprisonment may be imposed for a federal sex crime of this nature.

The FBI has celebrated more than 10 years with special cybercrime units like the Innocent Images National Initiative, which has now gone international in scope. In the past 10 years, the FBI has developed the Computer Intrusion Unit, the Computer Crime Task Force, Cyber Action Teams, IC3 (Internet Criminal Complaint Center), and ECAP (Endangered Child Alert Program). As a result of these specialized units, the federal government has increased the investigative presence on the Internet, investigating more than 15,000 crimes and filing criminal charges or indicting in more than 6,000 cases which resulted in nearly 4,800 convictions in the past 10 years.

The U.S. government, through the FBI, ICE, Homeland Security, U.S. Postal Inspectors, Secret Service, and other agencies have conducted dozens of investigations such as Operation Peer Pressure (investigating the use of peer-to-peer computer systems), Operation Bot Roast and Bot Roast II, Operation Candyman (child porn sting), Operation Crying Eyes (sexual abuse of children and child porn sting). These federal criminal agencies work closely with National Center for Missing and Exploited Children.

EXPERIENCED LAWYERS

We defend persons accused of Oklahoma computer sex crimes nationwide in federal courts or in Oklahoma’s state courts. If you are under investigation or are charged with any of these Oklahoma computer sex crimes, the Wyatt Law Office can help you.

Call the Wyatt Law Office at 405.234.5500 to reach your Oklahoma Computer Sex Crimes Lawyers and Attorneys.  Your future is our business.

*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.