Posts Tagged ‘Cyber Crimes’

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.

Federal Computer Crimes, Cyber Crime, Internet Crimes

 

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
  • Spamming
  • 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 Cyberbullying Laws

New Orleans Cyber Bullying Defense Attorney

 

 

Cyberbullying — La R.S. 14:40.7

 

Cyberbullying is the transmission of any electronic communication with the malicious and willful intent to abuse, torment, or intimidate a person under the age of  18

The offense will be deemed committed where the communication was originally sent, originally received, or originally viewed by any person.

Whoever commits the crime of cyberbullying shall be fined not more than $500.00, imprisoned for 0 to 6 months, or both.  Except,

When the offender is under the age of 17, the laws of the Louisiana Children’s Code will govern the offense.

 

Contact

If you have been accused of Cyberbullying, you need an Contact experienced Cyber Crimes Criminal Lawyer to at least examine your case.

 

 

 

Cyberstalking — Louisiana

New Orleans Cyber Crimes Defense Attorney

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.

 

Penalties  – Enhanced Penalties

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.

 

 SEE CYBER-BULLYING – CLICK!

 

 

SEE STALKING — CLICK!

 

If you have been charged with Cyberstalking, contact Elizabeth B. Carpenter an experienced New Orleans Internet Crimes Attorney.

 

Computer Aided Solicitation Of A Minor Louisiana Law

 

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.

 

The penalties for violating the computer-aided solicitation statute are severe.  Whoever commits this crime must register as a sex offender for 25 years and serve a mandatory prison term.  The statute also specifically denies eligibility for probation, parole, or suspension of sentence.  It should be understood that the defendant is not eligible for good time either so the sentence is served flat.  This offense may not be expunged in the future.

 

 

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.

 

Further information:

 

** 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

 

 

 

 

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