Internet Sex Crimes
If you are accused of an internet sex crime in the South Florida area, it is essential to retain a knowledgeable Palm Beach Garden internet sex crimes lawyer. A few decades ago, there were no internet sex crimes. Now, the number of online sex crimes being prosecuted increases each year. The public maintains a harsh opinion about those suspected of internet sex crimes and the government uses an aggressive approach to apprehend those suspected. My name is William Wallshein and I am an attorney who understands how sex crimes, the internet, and the law intersect. I work swiftly to counter the negative perceptions and presumption of guilt that attach to sex offense accusations in both state and federal cases.What Are Internet Sex Offense Charges?
Some of the internet sex offender charges that my clients have faced include: online solicitation of a minor, dissemination of obscene material, possession or distribution of child pornography, enticement or luring of a minor, and webcam offenses. In these cases, a number of legal issues arise around file storage, computer viruses, online file exchanges, and hard drive operation.
It is a third degree felony with a Level 7 offense severity rating to solicit a child for unlawful sexual conduct using a computer in Florida. A mandatory minimum sentence will be imposed, consisting of 21 months in prison plus a combination of 5 years imprisonment, five years of probation, and up to $5,000 in fines. A prosecutor can charge a crime for each separate use of a computer, online service, or electronic device for purposes of engaging in unlawful sexual activity with a minor. This means if the prosecutor believes you used the computer five times in order to arrange a sexual meeting with a minor, you can be charged five times.
In any sex crime, the prosecution must prove all elements beyond a reasonable doubt. If a defendant is able to cast reasonable doubt on one element, the jury is instructed to find him not guilty. One element of the crime of soliciting a child for unlawful sexual conduct using a computer is that the defendant "solicit" or seduce or lure a person believed to be a child to engage in an unlawful sexual act. If the defendant can show that a government agent initiated and continued a solicitation or seduction and the defendant did not, the defendant can negate one of the elements and cannot be convicted of this crime.
"Entrapment" is a commonly used defense to cases in which a sting operation is used to capture a defendant. It is appropriate when a government agent induces somebody who is not predisposed to commit a crime, to commit it. Most often, the issue in dispute is whether the defendant had the aforementioned predisposition to commit the crime. In such cases, it is necessary to look at who initiated the discussions of sexual activity, whether the government agent persisted in trying to get the person to commit an unlawful sexual act, the defendant's sexual interests as expressed, and whether the defendant was reluctant at any point.Knowledgeable South Florida Internet Sex Crimes Lawyer
As an experienced Palm Beach Gardens internet sex crimes attorney, I will work with you to develop the strongest possible strategy to defend your case. I possess five years of state prosecutorial experience, and I have more than twenty-nine years of experience working within the criminal justice system. Clients can select one of my two offices for a free initial consultation to discuss internet sex crime charges. One is located in Palm Beach Gardens, near I-95 and PGA Boulevard, and the other is located in West Palm Beach. For your convenience, I accept credit cards. Call 561-533-1221 or contact me through my online form.