NYC Cyber Sex Crimes Lawyer
The evolution of the Internet has caused a drastic increase in cyber sex crimes. In the past, individuals had to be in the presence of their victims to commit a sex crime, but now the Internet makes it possible for individuals to commit sex crimes without ever coming in physical contact with their victims.
Sex crimes that involve minors are very common. Adults can use the Internet to meet teens and children in the hopes of eventually meeting them in person to commit a sexual act or kidnap the minor. In addition, child pornography is also easy to get due to webcams. However, there are many other types of cyber sex crimes, such as online prostitution, that can result in criminal charges.
Because of the rise in cyber sex crimes, law enforcement officials use high-tech equipment to track and locate those who commit cyber sex crimes. However, although law enforcement officials work diligently to stop cyber sex crimes, they can make mistakes. If an individual has been accused of a cyber sex crime, it doesn’t mean that he or she will be convicted. If you have been charged with a cyber sex crime, it is vital that you contact a skilled legal expert who can help you resolve the issue as soon as possible.
Types of Cyber Sex Crimes
A cyber sex crime is classified as an attempted, partially, or fully carried out sex crime that occurs on the Internet. The different types of cyber sex crimes include:
Possession of a Sexual Performance by a Child
Federal and New York law states that it is illegal go posses any type of child pornography. According to New York law, child pornography is defined as a sexual performance by a child. In the past, possession referred to an individual having child pornography in their home or business. However, it also refers to digital media that is on the Internet or stored on a digital media device, such as a computer or smartphone. Those found in possession of child pornography, which was found on the Internet, may also face federal charges.
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(212) 300-5196Luring of a Child
Luring of a child is when an individual attempts to induce a child to commit a sexual act that may include prostitution or incest. If an individual attempts to lure a child by using the Internet, he or she could be convicted of luring a child, which is a Class E felony.
Prostitution
Prostitution involves one individual paying another individual to perform a sexual act, which is a Class A misdemeanor in New York. If an individual solicits prostitution over the Internet, or an individual pays for sexual services online, it is considered a cyber sex crime. In addition, the act of prostitution can also be carried out via the Internet.
Disseminating Indecent Material to Minors
In New York, it is illegal to sell pornographic or indecent materials to minors. This could include paintings, videos, photographs, magazines, or books. This act can be carried out on the Internet, so anyone who solicits pornographic material to minors though the Internet is committing a cyber sex crime.
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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Penalties for Cyber Sex Crimes
If you are convicted of a cyber sex crime, you could face serious consequences. The primary factor that will determine how an individual is sentenced is by the classification of the crime they committed. An example may include an individual who was convicted of disseminating indecent material to a minor in the first degree. This charge could result in up to seven years in prison. An individual convicted of prostitution will be charged with a Class A misdemeanor, which carries a maximum jail sentence of 90 days. In addition, criminal history will also be a factor that determines how long an individual will be sentenced.
A man discovered that police are investigating him after a person he met in an online chat room — who claimed to be 18 — turned out to be a minor. He never met the individual in person, but exchanged explicit messages and images over several weeks.
Can I be charged with a cyber sex crime even though I never had any physical contact with the minor?
Yes — under both New York Penal Law and federal statutes like 18 U.S.C. § 2422(b), you can face serious charges for online sexual communication with a minor regardless of whether physical contact occurred. Offenses such as disseminating indecent material to a minor under NY Penal Law § 235.22 or federal charges for enticement of a minor carry penalties ranging from probation to mandatory minimum sentences of 10 years in federal prison. The fact that the minor misrepresented their age is rarely a viable defense, as prosecutors typically argue that you had a duty to verify. An experienced cyber sex crimes attorney can examine the chat logs, challenge how the investigation was conducted, and determine whether law enforcement used entrapment tactics or violated your Fourth Amendment rights during the digital evidence collection.
This is general information only. Contact us for advice specific to your situation.
If you are in need of a skilled criminal defense attorney who understands how to proceed with cyber sex charges, contact the team at Federal Lawyers. Our expert attorneys have years of experience serving those in the New York area.
