NATIONALLY RECOGNIZED FEDERAL LAWYERS

25 Sep 23

New York Cyber Sex Crimes

| by

Last Updated on: 26th September 2023, 04:31 pm

New York Cyber Sex Crimes

The internet has opened up a whole new world of opportunities for criminals to exploit and harm others. One area that has seen a major rise due to the internet is sex crimes, especially those targeting minors. New York has been working hard to update laws and catch predators using the internet to commit sex crimes. However, these crimes bring up a lot of complicated issues around privacy, free speech, and the challenges of enforcing laws online.

This article will provide an overview of cyber sex crimes in New York, the laws around them, recent cases, and the debates these crimes spark. We’ll also hear from defense lawyers and experts on the complexities these crimes involve. There are rarely easy answers, but being informed on the issues can help citizens, lawmakers, and lawyers find solutions that balance public safety with civil liberties.

New York Cyber Sex Crime Laws

New York has several laws dealing with using the internet for illegal sexual purposes. Some of the main statutes include:

  • Disseminating indecent material to minors (NY Penal Law 235.22) – Making pornography or other sexual content available to a minor under 17.
  • Possession of a sexual performance by a child (NY Penal Law 263.16) – Possessing child pornography, including digital images or videos.
  • Promoting or possessing a sexual performance by a child (NY Penal Law 263.15) – Creating, copying, publishing, promoting, or possessing child pornography.
  • Luring a child (NY Penal Law 120.70) – Using the internet to communicate with a minor in order to commit a sex crime.

These laws have been updated over the years to account for how sex offenders use the internet. For example, in 2008 New York passed the Electronic Security and Targeting of Online Predators Act[4]. This expanded the definition of a “sexual performance” to include digital images and videos, not just live performances. It also requires sex offenders to register any online identifiers they use with the state.

Recent Cyber Sex Crime Cases

Both state and federal law enforcement in New York have been actively pursuing people committing cyber sex crimes. Here are some notable recent cases:

  • In 2020, the New York Attorney General announced arrests of 16 people for possession and promotion of child pornography on the dark web.
  • Operation Net Nanny, an undercover sting conducted by the Department of Homeland Security in western New York, led to arrests of 65 men from 2016-2017 accused of trying to have sexual contact with minors[3].
  • In 2019, a New York appeals court upheld the conviction of a man for trying to entice a minor for sex through an online chatroom[5].
LEARN MORE  NYC Failure to Register as a Sex Offender Lawyers

While these cases involve very serious alleged crimes, some raise questions about how far law enforcement should go in sting operations and if the punishments match the actual offenses.

Debates Around Cyber Sex Crime Enforcement

Cyber sex crime stings like Operation Net Nanny use undercover officers posing as minors online. They interact with adults in chat rooms and on social media to see who engages in inappropriate conversations or tries to arrange real-world meetings. But is this good police work, or entrapment?

Defense lawyers argue many of these men would never try to actually meet up with an underage girl and are just engaging in fantasy chats, however disturbing that may be. They say the punishments, which can include years in prison and lifetime sex offender registration, are too harsh[3].

However, law enforcement says these operations are necessary to catch predators before they can harm real children. The New York Attorney General argues the stings also serve as a deterrent to prevent people from using the internet for illegal sexual purposes[2].

Another issue is that the internet contains all kinds of disturbing content and police have to balance enforcing the law with respecting free speech and privacy. Defense lawyer Stephen Bilkis notes that “Simply viewing certain images online or communicating with others does not necessarily mean a sex crime has occurred[1].”

Determining someone’s intent just from online interactions can be difficult. And should private internet usage be policed if no one is directly harmed? There are good arguments on both sides, which judges and lawmakers continue to grapple with.

Avoiding False Accusations

With law enforcement actively monitoring the internet for cyber sex crimes, there is a risk of false accusations based on misunderstandings. For example, someone could use your unsecured WiFi to access illegal content. Here are some tips from defense lawyers to avoid false accusations:

  • Never access illegal content like child pornography, even out of curiosity.
  • Be very careful in online chat rooms, especially those focused on sex or dating.
  • Make sure no one else has access to your devices or accounts.
  • Encrypt sensitive files and use a Virtual Private Network (VPN).
  • If questioned by police, do not answer anything without a lawyer present.

While being very vigilant with online activity is important, there is always a risk of being falsely accused. Having an experienced criminal defense lawyer is essential if you are contacted by law enforcement regarding an alleged cyber sex crime.

The Complexities of Cyber Sex Crimes

The internet has made sexual exploitation and child abuse much easier to commit and harder to detect. Law enforcement has stepped up enforcement, but also engaged in controversial sting operations. Defendants argue the punishments often outweigh the offenses. There are rarely easy answers when balancing public safety with civil liberties.

LEARN MORE  NYC Felony Lawyers

Increased public awareness and ongoing improvements to laws and law enforcement practices are needed. With care, we can enhance protections for vulnerable populations online while also preserving privacy and free speech. But it requires nuance, debate, and avoiding reactionary policies on all sides. Staying informed and engaged with these issues as citizens is the best way to help shape wise policies around cyber sex crimes.

References

[1] https://www.newyorksexcrimeslawyer24-7.com/new-york-internet-sex-crime-defense-lawyer.html
[2] https://criminaldefense.1800nynylaw.com/new-york-cyber-sex-crimes.html
[3] https://www.nytimes.com/2020/08/26/magazine/sex-offender-operation-net-nanny.html
[4] https://www.nysenate.gov/newsroom/articles/joseph-e-robach/senate-act-bill-protect-new-yorkers-internet-sex-predators-0
[5] https://content.next.westlaw.com/Document/I2ad308f09ba811e19051dfe0edb76223/View/FullText.html?contextData=%28sc.Default%29&transitionType=Default
[6] https://www.zmolaw.com/internet-sex-crimes