Posts Tagged ‘Cyber Crimes’
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
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.
Federal Cyber Crimes Defense Attorney
Federal Computer Crimes, Cyber Crime, Internet Crimes
Internet crimes are on the rise, and have been for years. Due to the popularity of this form of doing business, new forms of defrauding people through this medium have emerged. Since the crime can originate anywhere, these offenses are often considered to be federal offenses, which can have much harsher penalties. They are also pursued vigorously by law enforcement, due to the sharp increase in these types of crimes.
Some of the types of Federal Internet Crimes that we can assist you with include:
- Internet Sex Crimes
- Credit card fraud
- Illegal downloading
- Identity Theft
- Internet Fraud
- Computer Hacking
- Internet Pornography
- Computer Crimes against a Child
- Cyber stalking
The area of internet crimes is complex and can involve not only local authorities, but State and Federal as well. Depending on the crime you are charged with, there may be several counts of wrongdoing to contend with. The specific penalties that a defendant faces for a federal computer crime conviction will vary depending upon the particular offense. For example, while imprisonment may be a common denominator for all computer crimes, heavy fines and victim restitution are more likely in a case involving fraud and sex offender registration will likely be mandatory in a case involving child pornography. You will need the experience and expertise of a highly skilled criminal defense attorney to ensure your defense is properly formulated.
Louisiana Laws: Cyberstalking — La R.S. 14:40.3
Cyberstalking is action of any person to accomplish any of the following:
* Use in electronic mail or electronic communication of any words or language threatening to inflict bodily harm to any person or to such person’s child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
* Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person.
* Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person’s family or household with the intent to threaten, terrify, or harass.
Whoever commits the crime of cyberstalking shall be fined not more than $2,000, or imprisoned for not more than 1 year, or both.
Upon a Second Conviction occurring within 7 Years of the prior conviction for cyberstalking, the offender shall be imprisoned for 6 months to 3 years , and may be fined $5,000, or both.
Upon a Third or Subsequent Conviction occurring within 7 Years of a prior conviction for stalking, the offender shall be imprisoned for 2 to 5 years and may be fined $5,000, or both.
In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney. This includes any cell phones, cameras, computers, tablets….
Any offense under this Section committed by the use of electronic mail or electronic communication may be deemed to have been committed where the electronic mail or electronic communication was originally sent, originally received, or originally viewed by any person.
Elizabeth B. Carpenter an Internet Crimes Attorney based in New Orleans.
New Orleans Computer Aided Solicitation of a Minor Attorney
The crime of “computer aided solicitation of a minor” became law in Louisiana on August 15, 2005.
Computer-aided solicitation of a minor is committed when a person 18 years of age or older knowingly contacts or communicates, through the use of email, chat rooms, text messages, instant messages, etc… with a person who is under the age of 17 or a person reasonably believed to be under the age of 17, for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence , or with the intent to engage or participate in sexual conduct in the presence of the person who has not yet attained the age of 17. The statute for this offense is La. R.S. 14:81.3
The sentencing for Computer Aided Solicitation of a Juvenile is as follows:
- The victim is 13 years old but not yet 17 years old — fine not more than $10,000 dollars and imprisoned at hard labor for not less than 5 years nor more than 10 years, without benefit of parole, probation, or suspension of sentence.
- The victim is under the age of 13 — fined not more than 10,000 dollars and imprisoned at hard labor for not less than 10 years nor more than 20 years, without benefit of parole, probation, or suspension of sentence.
- The victim is a person reasonably believed to have not yet attained the age of 17 — fined not more than $10,000 dollars and imprisoned at hard labor for not less than 2 years nor more than 10 years, without benefit of parole, probation, or suspension of sentence. This is usually when the person on the other end of the communications is an undercover cop rather than an actual juvenile.
- If the computer-aided solicitation results in actual sexual conduct between the offender and victim and the difference between the age of the victim and the age of the offender is 5 years or greater — fined not more than $10,000 dollars and imprisoned, with or without hard labor, for not less than 7 years nor more than 10 years.
- On a second conviction, the offender shall be imprisoned for not less than 10 years nor more than 25 years at hard labor without benefit of parole, probation, or suspension of sentence.
** Consent is not a defense to a prosecution if the juvenile consented to participation in the activity. **
**It is not a defense to a prosecution, on the basis of consent or otherwise, that the person reasonably believed to be under the age of 17 is actually undercover law enforcement**
Note: Attorney Elizabeth Bagert Carpenter is dedicated to defending and protecting the rights of those accused of Sex Crimes. She has significant experience defending Cyber Crimes / Internet Crime.