Computer Crimes

Revenge Porn: A New Internet Crime

 

 

Revenge Porn: New Orleans Computer Crimes Attorney Perspective 

 

By: Elizabeth B. Carpenter, Esq.

 

Remember years ago when you would pack a shoe box with photos and other keepsakes after breaking-up with your boyfriend or girlfriend. Thanks to the internet, this practice has changed a little.  Yes, people still have the boxes with the stuffed animals, dried flowers and  promise ring, but they may also have a few intimate, sexual, digital photos sitting in a box of a different kind – Inbox. Those privately shared sexy photos are now in the hands of an angry ex who thinks that it would be amusing to post them on-line.  This is where trouble begins.

 

Our nation seems to be gearing up for a host of laws aimed at addressing a new social phenomenon referred to as “revenge porn” –generally defined as the act of posting sexual photos of an ex-lover online for vengeance. The photos were typically exchanged consensually over the course of a relationship and meant only for the other person.

 

California is leading the charge to criminalize revenge porn.  Last week, the governor signed a new law that makes revenge porn punishable by up to 6 months in jail or a $1,000 fine, or both. Repeat offenders may be punished by up to 1 year in jail.

 

Critics of revenge porn laws raise First Amendment challenges because these laws criminalize speech after-all.  California seems to have sidestepped this problem by limiting the scope of the statute and enumerating what the law does not cover.  For example, the new California revenge porn law does not apply to the following:

 

  * Selfies

  * Third Party Redistributors

  * Hackers

  * Non-Confidential Photos

  * Insufficient Intent to Cause Emotional Distress

 

As you can see, the statute is so narrow that I would be surprised if there are many criminal prosecutions under this new law.  Revenge porn laws would help victims more if they applied to website operators who republish user submissions, such as isanyoneup.com or myex.com.   However, states cannot impose such sanctions due to 47 USC 230, the 1996 federal law that says websites aren’t liable for third party content.

 

Currently, Louisiana does not have any proposed criminal legislation addressing this issue. However, I imagine it is only a matter of time before our lawmakers propose a bill.  As of this writing, the states of Arizona, Georgia, New York, Texas and Wisconsin are looking to enact similar laws. It will be interesting to see where the policy debates over revenge porn go from here. I feel certain that California’s small step isn’t the final word on this matter. The legal challenges that restricted California’s goal should provide helpful insight to other states who hope to strike more boldly against revenge porn.

 

Since the beginning of time sex, love and crime have been bedfellows. Now more than ever it is important to watch your internet footprint as we enter the brave new world of digital photography, social media and  their many pitfalls.  Do the best you can in love and your romantic relationships.  The next time you are tempted to post sexy photos of your ex in an attempt to seek revenge — think twice.

 

 

Visit Ms. Carpenter’s web site for more information on Cyber Crimes and Internet Crimes in New Orleans, Louisiana.

 

 

Unlawful Use or Access of Social Media — Louisiana

NEW ORLEANS SEX CRIMES DEFENSE ATTORNEY

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Lawyer

 

If you or a loved one is facing allegations of a SEX CRIME, you must contact a criminal defense attorney for a consultation. Early intervention by an experienced Sex Offender Defense Attorney can make a tremendous difference in your case. Elizabeth B. Carpenter, Esq. is dedicated to the defense of those accused of Sex Crimes in Louisiana.  We are here to defend you, not judge you.

 

Unlawful Use or Access of Social Media — La RS 14:95.1

 

A. The following shall constitute unlawful use or access of social media:

The using or accessing of social networking websites, chat rooms, and peer-to-peer networks by a person who is required to register as a sex offender and who was previously convicted of R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism) or was previously convicted of a sex offense as defined in R.S. 15:541 in which the victim of the sex offense was a minor.

The provisions of this Section shall also apply to any person previously convicted for an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to the offenses provided for in Paragraph (1) of this Subsection, unless the tribal court or foreign conviction was not obtained with sufficient safeguards for fundamental fairness and due process for the accused as provided by the federal guidelines adopted pursuant to the Adam Walsh Child Protection and Safety Act of 2006.

 

B. The use or access of social media shall not be considered unlawful for purposes of this Section if the offender has permission to use or access social networking websites, chat rooms, or peer-to-peer networks from his probation or parole officer or the court of original jurisdiction.

 

C. For purposes of this Section:

“Chat room” means any Internet website through which users have the ability to communicate via text and which allows messages to be visible to all other users or to a designated segment of all other users.

“Minor” means a person under the age of eighteen years.

“Peer-to-peer network” means a connection of computer systems whereby files are shared directly between the systems on a network without the need of a central server.

“Social networking website” means an Internet website that has any of the following capabilities:

Allows users to create web pages or profiles about themselves that are available to the general public or to any other users.

Offers a mechanism for communication among users, such as a forum, chat room, electronic mail, or instant messaging.

 

Penalties

 

Whoever commits the crime of unlawful use or access of social media shall, upon a first conviction, be fined not more than $10,000 and shall be imprisoned with hard labor for not more than 10 years without benefit of parole, probation, or suspension of sentence.

Whoever commits the crime of unlawful use or access of social media, upon a second or subsequent conviction, shall be fined not more than $20,000 and shall be imprisoned with hard labor for not less than 5 years nor more than 20 years without benefit of parole, probation, or suspension of sentence.

 

 

Supreme Court Agrees To Hear Case On Child Porn Victim Restitution

Child Pornography Defense New Orleans

 

Elizabeth B. Carpenter — New Orleans Criminal Attorney

 

If you are facing a Sex Crime charge in Louisiana for Possession, Production, Distribution of Pornography Involving Juveniles, it is imperative that you speak with an experienced New Orleans Sex Crime Defense Attorney.  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.  Elizabeth B. Carpenter Law is here to defend you and to protect your freedom.  Ms. Carpenter has the experience necessary to effectuate skilled representation for those accused of Possession, Production, Distribution of Child Pornography.  Contact us to schedule a consultation.

 

 Supreme Court Agrees To Hear Case On Child Porn Victim Restitution

 

A few months ago, I reported that the 5th U.S. Circuit Court of Appeals ruled that a woman, was entitled to restitution from a Texas resident and a New Orleans resident , both of whom pleaded guilty in separate cases to possessing child pornography that included images of the woman.

At the end of the article that I posted, one of the attorneys for the defendants suggested that he would ask the Supreme Court to review the ruling.

Last Thursday, the Supreme Court agreed to hear the case.  The legal question is how much are the defendants required to pay in restitution under the 1994 Mandatory Restitution for Sexual Exploitation of Children Act.  The woman says that the defendant is liable for the full amount of her injury – such as counseling and loss of future income – while each defendant asserts that he should only be liable for his individual role. The woman has claimed $3.4 million in damages for this law suit alone.

Court papers indicate that more than 150 courts have awarded Amy restitution but these defendants are the only one to go before the Supreme Court.

Oral arguments and a decision are due in the court’s next term, which begins in October and ends in June 2014.

The case is Paroline v. United States, U.S. Supreme Court, 12-8561.

 

 

Court Says Child Porn Victims Can Get Restitution — New Orleans Child Pornography Attorney

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, contact attorney Elizabeth B. Carpenter 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

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.

The penalties for violating the computer-aided solicitation statute are severe. For a first offender, the sentencing guidelines require a mandatory minimum sentence of 2 years and a possible maximum of 10 years along with a fine of up to $10,000.  Whoever commits this crime must register as a sex offender.  The statute also specifically denies eligibility for probation, parole, or suspension of sentence.

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

New Orleans Sex Crime Defense Attorney 

 

If you or a loved one has been accused of a Sex Crime Involving a Juvenile, you should contact a Sex Crime Defense Attorney in Louisiana 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!

 

Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

 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

 

Contact Elizabeth B Carpenter Law — Attorney New Orleans

Who Looks at Child Pornography and Why? — Louisiana Sex Crimes Attorney

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)?

Working in the Pentagon doesn’t exempt you from sex addiction.
Published on September 6, 2010 by Samantha Smithstein, Psy.D.

 

On Friday, more news broke regarding the child pornography scandal at the Pentagon that surfaced this summer. In July, it was discovered that more than 250 civilian and military employees of the Defense Department — including some with the highest available security clearance — used credit cards or PayPal to purchase images of children in sexual situations. This was out of the total 5,000 Americans that were discovered to be purchasing child pornography though the investigation.This Friday it was reported that only 52 of the suspects at the Pentagon were investigated and just 10 were charged with viewing or purchasing child pornography. The investigation evidently focused on individuals who had high security clearance and could be subject to blackmail.

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

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

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

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

Recent Comments