Computer Crimes
Activities Relating to Material Involving the Sexual Exploitation of Minors — New Orleans Federal Pornography Attorney
November 1, 2012
New Orleans Child Pornography Attorney
Elizabeth B. Carpenter Law is uniquely qualified to defend clients who have been accused of a child pornography offense in New Orleans area. We have represented countless clients in child pornography cases in Louisiana. Some of the specific types of cases we address include the possession, production, possession, distribution or sale of child pornography in New Orleans. Our knowledge of the law and experience in child pornography defense gives us the skill you need to effectively challenge the allegations made against you.
By Elizabeth B Carpenter — Child Pornography Defense Attorney New Orleans
Title 18 U.S.C. § 2252 : US Code – Section 2252: Activities Relating to Material
Involving the Sexual Exploitation of Minors
(a) Any person who -
(1) knowingly transports or ships in interstate or foreign commerce by any means including by computer or mails, any visual depiction, if -
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(2) knowingly receives, or distributes, any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails, if -
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(3) either -
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell any visual depiction; or
(B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means, including by computer, if -
(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct; or
(4) either -
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly possesses 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or
(B) knowingly possesses 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by computer, if -
(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
Penalties
(b)(1) Whoever violates, or attempts or conspires to violate, paragraphs (!1) (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.
(2) Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both, but if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.
(c) Affirmative Defense. - It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant -
(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof -
(A) took reasonable steps to destroy each such visual depiction; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
Contact
If you need a Child Pornography Defense Attorney in New Orleans, call attorney Elizabeth B. Carpenter at 504-599-5955 or email her to schedule a consultation. Early intervention by an experienced sex crime defense attorney can make a tremendous difference in your case. We are here to help you, not judge you.
New Orleans Criminal Defense Lawyer Elizabeth Carpenter Speaks at the NOPA Annual Educational Seminar on Cyber Crimes
November 1, 2012
New Orleans Cyber Crimes Attorney
Elizabeth B. Carpenter Law is uniquely qualified to defend clients who have been accused of a Cyber Crimes in New Orleans area. We have represented countless clients in Louisiana Cyber Crimes ranging from Internet Fraud to Child Pornography Offenses. Our knowledge of the law and experience in Computer Crimes Defense gives us the skill you need to effectively challenge the allegations made against you.
New Orleans Criminal Defense Lawyer Elizabeth Carpenter
Speaks at the NOPA Annual Educational Seminar on Cyber Crimes
Elizabeth Carpenter, Esq., a New Orleans cyber crime attorney experienced in sex crime defense, spoke at NOPA’s Annual Educational Seminar on October 26, 2012 about digital forensics and defense in cyber crimes cases.
New Orleans, LA (PRWEB) October 31, 2012
New Orleans criminal defense attorney Elizabeth Carpenter spoke last Friday in a session titled Cyber Crimes: Digital Forensics and Defense at the Annual Education Seminar in New Orleans, a continuing education seminar organized by the New Orleans Paralegal Association (NOPA).
Sex crimes defense requires a very specific defense strategy backed by extensive investigation and trial preparation—something that not all defense attorneys have a background for. NOPA asked Carpenter to speak at their Annual Education Seminar because she has undergone training in Forensics and DNA Evidence at the National Institute of Justice and the DNA Initiative Project, and because she has extensive experience as a New Orleans child pornography defense attorney and cyber crimes attorney.
Not all defense attorneys are willing or equipped to defend Internet crimes, explained Carpenter. “To form an Internet crimes defense in New Orleans, your attorney has to be familiar with the technology in question. If you’re arrested or served with a search warrant for child pornography or other cyber crimes, a computer forensic technician will go through the hard drive of your computer and write up a forensic report. If your attorney doesn’t know how to read the more technical parts of those reports, they won’t be able to form a strong defense.”
The penalties for cyber crime offenses in Louisiana are severe. The sentencing guidelines for even a first-time offender require a mandatory minimum sentence of 2 years and a possible maximum of 10 years without parole per count, along with a fine of up to $10,000. Furthermore, anyone convicted of a child pornography-related cyber crime must register as a sex offender, a requirement that can lead to loss of employment, estrangement from family, and even difficulty finding housing.
“A cyber crime charge is not something that is easy to face,” said Carpenter, “both because of the technical aspects of cases such as these and because of the stigma attached to Internet crimes. It’s important to have someone representing you who is familiar with the procedures involved, and it’s also important to have an attorney who is on your side. My job as a cyber crimes defense attorney isn’t to judge you—it’s to use my experience to protect your rights and preserve your freedom.”
Contact
Are you under investigation for or have you been charged with a cyber crime in New Orleans? Contact Elizabeth B Carpenter, a New Orleans Cyber Crimes Defense Attorney at our firm for a consultation about your case today! Available 24/7 at 504-599-5955!
Are you facing criminal charges related to internet child porn?
Child pornography is a serious criminal offense that can be charged in either Federal or State court. This sex crime is punishable by prison, fines and sex offender registration. A New Orleans child pornography defense attorney can help you avoid these penalties by offering you legal guidance and representation regarding your charges.
For more information about child pornography defense visit our dedicated web page focused exclusively to child pornography defense. Available 24/7 at 504-599-5955!
Court Says Child Porn Victims Can Get Restitution — New Orleans Child Pornography Attorney
October 31, 2012
New Orleans Child Pornography Attorney
Elizabeth B. Carpenter Law is uniquely qualified to defend clients who have been accused of a child pornography offense in New Orleans area. We have represented countless clients in child pornography cases in Louisiana. Some of the specific types of cases we address include the possession, production, possession, distribution or sale of child pornography in New Orleans. Our knowledge of the law and experience in child pornography defense gives us the skill you need to effectively challenge the allegations made against you.
Court Says Child Porn Victims Can Get Restitution
Child pornography victims can recover money from people convicted of viewing their abuse without having to show a link between the crime and their injuries, a federal appeals court ruled Monday.
The decision conflicts with rulings by several other federal circuits, possibly setting the stage for a Supreme Court challenge.
The 5th U.S. Circuit Court of Appeals ruled that a woman, identified as “Amy” in court documents, was entitled to restitution from Texas resident Doyle Randall Paroline and New Orleans resident Michael Wright, both of whom pleaded guilty in separate cases to possessing child pornography that included images of Amy.
Amy sought more than $3.3 million from Paroline to cover the cost of her lost income, attorneys’ fees and psychological care. A federal judge rejected her request.
Amy also sought more than $3.3 million from Wright, who had images of Amy and at least 20 other identifiable children stored on his computer. A federal judge ruled Wright owed Amy more than $500,000.
Wright argued he didn’t owe Amy any restitution because he didn’t obtain the images until years after she was abused. He also said there wasn’t any evidence that she knew he personally viewed the images.
Amy, now her early 20s and living in Pennsylvania, was a child when her uncle sexually abused her and widely circulated images of the abuse, according to court records. The National Center for Missing and Exploited Children said it has found at least 35,000 images of Amy’s abuse in more than 3,200 child pornography cases since 1998.
In at least 174 cases, Amy has been awarded restitution in amounts ranging from $100 to more than $3.5 million. James Marsh, one of her attorneys, said in January that she had collected more than $1.5 million.
Nine of the 15 judges joined in the majority opinion written by Judge Emilio Garza. The opinion said a federal statute dictates that a child pornography victim be awarded restitution for the full amount of their losses in each defendant’s case.
“Fears over excessive punishment are misplaced,” Garza wrote. “… Ultimately, while the imposition of full restitution may appear harsh, it is not grossly disproportionate to the crime of receiving and possessing child pornography.”
“No other circuit that has addressed this issue has adopted such a one size fits all rule,” he wrote. “Other circuits have given the district courts discretion to assess the amount of the restitution the offender is ordered to pay.”
Stanley Schneider, one of Paroline’s attorneys, said they will ask the Supreme Court to review the ruling.
Contact
If you need a Child Pornography Defense Attorney in New Orleans, call attorney Elizabeth B. Carpenter at 504-599-5955 or email her to schedule a consultation. Early intervention by an experienced sex crime defense attorney can make a tremendous difference in your case. We are here to help you, not judge you.
Harahan Seeks Cyber-Crimes Unit to Catch Online Sex Predators — New Orleans Criminal Defense Attorney
October 20, 2012
Louisiana Sex Crime Computer Crime Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense
If you are being accused of a Sex Crime, Computer Crime, Internet Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact Elizabeth B. Carpenter Law for a consultation.
Harahan Seeks Cyber-Crimes Unit to Catch Online Sex Predators
From the Times Picayune
Harahan moved Thursday night to establish its own cyber-crimes unit in the Police Department, hoping to catch online sexual predators who target children in the city of 9,277. The City Council voted 5-0 to request help setting up the unit from the Kenner Police Department, which started one in 2006.
Online solicitation of children in Harahan has not been known to be a problem, but Councilwoman Dana Huete said the potential is real. “With advanced technology now, our kids have iPads and iPhones, and we can’t always police what they’re doing,” said Huete, who sponsored the resolution.
Harahan has no money earmarked for the project, but Huete said it will seek a grant. Police Chief Mac Dickinson likely will assign an officer to work part-time on cyber-crime, she said.
Kenner police have made more than 50 arrests since starting their cyber-crimes unit six years ago, often using an officer posing online as an underaged girl. The suspects have been as near as Kenner and as far away as California and England, said Sgt. Robert McGraw, who staffs the Kenner unit.
“Just remember every time you’re child logs online, there are people all over the world looking to solicit them for sex,” he said.
The crime of “computer aided solicitation of a minor” became law in Louisiana on August 15, 2005.
Whoever is convicted of the crime Computer-aided Solicitation of a Minor shall Register as a Sex Offender for 25 years, to be conducted semi-annually.
If you or a loved one has been accused of a Sex Crime, you should contact a New Orleans Sex Crime Defense Attorney as soon as possible. Elizabeth B. Carpenter Law. Ms. Carpenter is dedicated to defending and protecting the rights of those accused of Sex Crimes. We are here to help you, not judge you!
Computer Crimes Involving Juveniles — Louisiana
March 22, 2012
New Orleans Sex Crime Defense Attorney
Computer Crimes Involving Juveniles — Click the links below!
1.) Computer-aided solicitation of a minor – La. R.S. 14:81.3
2.) Cyberbullying — La R.S. 14:40.7
3.) Pornography Involving Juveniles — La R.S. 14:81.1
Posted in Computer Crimes, Crimes Defined, Criminal Statutes, Cyber Crimes, Sex Crimes | 
Tags: Attorney New Orleans, Best White Collar Defense, Child Pornography, Computer Aided Sexual Solicitation of a Minor, Computer Crimes Involving Juveniles, Criminal Defense New Orleans, Cyber Crimes, cyberbullying, One of the best Criminal Defense Attorneys in New Orleans, Sex Crimes | 
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Who Looks at Child Pornography and Why? — Louisiana Sex Crimes Attorney
March 14, 2012
Child Pornography Sex Crime Attorney New Orleans
Elizabeth B. Carpenter, Esq. — Attorney New Orleans
If you are facing a Sex Crime charge in Louisiana of Possession, Production, Distribution of Child Porn, it is imperative that you seek counsel from an experienced Sex Crime Defense Attorney in Louisiana. American culture has created a witch hunt atmosphere for those accused of a sex crime; you will have to face hostile prosecutors and harsh public opinion. New Orleans Child Pornography Defense Attorney Elizabeth B. Carpenter, Esq. is here to defend you and to protect your freedom. Contact us to schedule a consultation.
Serving Orleans, Jefferson, St. Tammany, St. Charles, St. John, St. James, St. Bernard, Assumption, Terrebonne and Tangipahoa Parishes!
Who’s looking at child porn now (and
why)?
In July, news reports focused mostly on the Pentagon, presumably because individuals who are a part of national security should be morally and legally held to a higher standard than the average citizen. Likewise, the news reports on Friday focused on the low numbers of people actually charged – the disappointment in all probability again because of this standard and that people in these roles in our government should not be able to get away with such behavior.
However, there is another story in all of this that deserves coverage as well: what about the 5,000 Americans that were all purchasing child pornography with their credit cards or through Paypal? In spite of ever-increasing sophisticated methods authorities have to track the images and track-down and arrest users, child pornography is a multi-billion dollar industry and among the fastest growing criminal segments on the Internet. The National Center for Missing and Exploited Children claims that around 20% of all pornography contains children, and the US Department of Justice estimates that pornographers have recorded the abuse of more than one million children in the United States alone.
Obviously, there is a story here about the children being sexually abused and record of their abuse being distributed and sold to millions of viewers. That story is horrible in and of itself. But the other story is of the viewers and purchasers of these images.
To be sure, some percentages of those individuals viewing the images are pedophiles – individuals who suffer from a sexual disorder that makes them attracted to prepubescent children. And some of those individuals will also sexually abuse children during the course of their life. Nevertheless, a great number of the individuals viewing child pornography are not in this category. These individuals are often engaged in compulsive sexual behavior or “sex addiction,” viewing pornography for hours at a time, searching for more and more intense images in order to get the same addictive rush. They stumble upon child pornography and are often horrified when they see it for the first time. But then there is something so taboo and so charged about it that they find themselves returning for the “high”… even when the thought of children being sexually abused makes their skin crawl and they feel sickened by it when they think about what they are looking at.
There is something about the Internet and it’s illusion of privacy and, even more importantly, is illusion of it being “unreal” that makes it the perfect venue for people to end up doing things that they would never consider doing otherwise - be it having affairs, gambling, shopping, exposing their genitals, or looking at child pornography. Even for people working at the Pentagon.
Criminal Use of Internet, Virtual, Street-map; Enhanced Penalties — Louisiana
March 11, 2012
Louisiana Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, St. Bernard, St. Charles, St. Tammany, St. John, Tnagipahoa, Assumption and Plaquemines Parishes.
Criminal Use of Internet, Virtual, Street-map; Enhanced Penalties — La RS 14:73.9
When an Internet, virtual, street-level map is used in the commission of a criminal offense against a person or against property, an additional sentence for a period of not less than 1 year shall be imposed. The additional penalty imposed pursuant to this Subsection shall be served consecutively with the sentence imposed for the underlying offense.
Unauthorized Use of a Wireless Router System; Pornography Involving Juveniles — Louisiana
March 11, 2012
Louisiana Sex Crime Computer Crime Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense
If you are being accused of a Sex Crime, Computer Crime, Internet Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact Elizabeth B. Carpenter Law for a consultation.
Unauthorized Use of a Wireless Router
System; Pornography Involving Juveniles — La RS 14:73.8
Unauthorized use of a wireless router system is the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof via any wireless router system for the purposes of uploading, downloading, or selling of pornography involving juveniles as defined in R.S. 14:81.1.
Whoever commits the crime of unauthorized use of a wireless router system for the purpose of accessing pornography involving a juvenile shall be imprisoned at hard labor for not less than 2 years or more than 10 years, and fined not more than $10,000 dollars. Imprisonment shall be without benefit of parole, probation, or suspension of sentence.
Whoever commits the crime of unauthorized use of a wireless routing system for the purpose of accessing pornography involving a juvenile when the victim is under the age of 13 years and the offender is 17 years of age or older, shall be punished by imprisonment at hard labor for not less than 25 years nor more than 99 years. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Computer Tampering — Louisiana
March 9, 2012
New Orleans White Collar Crime Defense
Elizabeth B. Carpenter, Esq. — New Orleans Computer Cyber Crime Attorney
If you or a loved one is being investigated for a White Collar Crime in the New Orleans area, contact Elizabeth B. Carpenter, Esq. We have the experience and dedication that your case needs.
Computer Tampering — La R.S. 14:73.3
Computer tampering is the intentional commission of any of the actions enumerated herein when that action is taken knowingly and without the authorization of the owner of a computer:
(1.) Accessing or causing to be accessed a computer or any part of a computer or any program or data contained within a computer.
(2.) Copying or otherwise obtaining any program or data contained within a computer.
(3.) Damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.
(4.) Introducing or attempting to introduce any electronic information of any kind and in any form into one or more computers, either directly or indirectly, and either simultaneously or sequentially, with the intention of damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.
For purposes of this Section:
** Actions which are taken without authorization include actions which intentionally exceed the limits of authorization.
** If an owner of a computer has established a confidential or proprietary code which is required in order to access a computer, and that code has not been issued to a person, and that person uses that code to access that computer or to cause that computer to be accessed, that action creates a rebuttable presumption that the action was taken without authorization or intentionally exceeded the limits of authorization.
** The vital services or operations of the state, or of any parish, municipality, or other local governing authority, or of any utility company are the services or operations which are necessary to protect the public health, safety, and welfare, and include but are not limited to: law enforcement; fire protection; emergency services; health care; transportation; communications; drainage; sewerage; and utilities, including water, electricity, and natural gas and other forms of energy.
Whoever commits the crime of computer tampering as defined in (1.) and (2.) above, shall be fined not more than $500.00 hundred dollars or imprisoned for not more that 6 months, or both.
Whoever commits the crime of computer tampering as defined in (3.) and (4.) above, shall be fined not more than $10,000 dollars or imprisoned, with or without hard labor, for not more that 5 years, or both.
Whoever violates the crime of computer tampering as defined (3) and (4) above, with the intention of disrupting the vital services or operations of the state, or of any parish, municipality, or other local governing authority, or of any utility company, or with the intention of causing death or great bodily harm to one or more persons, shall be fined not more than $10,000 dollars or imprisoned at hard labor for not more that 15 years, or both.
Elizabeth B. Carpenter, Esq. — New Orleans White Collar Crime Attorney
Sexting Laws — Louisiana
January 3, 2012
New Orleans Criminal Defense Attorney
If you are being criminally charged with Sexting, contact Elizabeth B. Carpenter, Esq for a consultation. We are ready to defend you and protect your rights!
Sexting — La R.S. 14:81.1.1
No person under the age of 17 years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person.
No person under the age of 17 years shall knowingly possess or transmit an indecent visual depiction that was transmitted by another under the age of seventeen years in violation of the provisions above.
Penalties
First offense — fined not less than $100.00 nor more than $250.00, imprisoned for not more than 10 days, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform 2 8-hour days of court-approved community service.
Second offense — fined not less than $250.00 nor more than $500.00, imprisoned for not less than 10 days nor more than 30 days, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform 5 8-hour days of court-approved community service.
Third or any subsequent offense — fined not less than $500.00 nor more than $750.00, imprisoned for not less than 30 days nor more than 6 months, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform 10 8-hour days of court-approved community service.
