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Contact Daniel Ambrose directly for fast answers to your Criminal Law Questions at the Office at (248) 624-5500, on his cell phone at (248) 808-3130 or by email at daniel@ambroselawgroup.com

INTERNET CRIMES

COPS AND POLITICIANS ARE MAKING IT A POINT TO SAY THAT THEY ARE THE ONES LEADING THE WAY IN FIGHTING INTERNET CRIMES.

These crimes all involve the use of a computer for an illegal purpose. The three most common charges are:

	Related Topics
	Use of the internet to commit a crime Computer Fraud InternetÂ Stalking

Use of the Internet to Commit a Crime

This catch-all crime is used whenever a computer is used to do something that would be a crime even if a computer was not used.

Examples:

Sending child pornography to a friend through the internet
Sending an email saying you are someone’s parent, even though you are not.

Defenses:

No use of a computer: the definition of a computer and the internet is defined by statute, not everything will fall into this definition (it is unclear if some cell phones are considered a computer).
Innocence of the underlying crime: if the person being charged is innocent of the underlying crime, they cannot be guilty of using the internet or a computer to commit it.

Jury Instruction:

No standard jury instruction

Internet crime encompasses many areas. Some allegations involve crimes that are already pre-defined, except now the internet is alleged to be the means or method for accomplishing that crime. For example, identity theft has been in existence before the internet came into being, but now the laws have been adjusted to account for the internet being used as a primary tool. Another example is in soliciting a minor, where the crime has already been put into law. The internet created a new wave of laws that specifically deal with solicitation by the internet. This same analogy could be used with hundreds of other crimes, such as the fraudulent purchase of prescription drugs, illegal possession/distribution of certain types of images, and so on.

The Internet has become a political symbol for legislatures and law enforcement. They make it known that they have specialized task forces or strict laws that are being pushed through their legislature. Everyone wants to be "tough on crime", but no one will admit that there are innocent people getting caught in the system. From "To Catch a Predator" on NBC to some of the local stories here in Michigan, cops are posing as minors and trying to get anyone online to state as much as their names and where they are from. In fact, sometimes the alleged perpetrator doesn't even go to any set up house to meet anyone in person. One such person was in law enforcement himself.

"To Catch a Predator" was given the authority by local law enforcement to set up and film the sting operation. When the show found that the set up former prosecutor was not coming to the set up, the show urged law enforcement to get a warrant and raid the home. The former assistant district attorney shot himself when the police broke in. The last thing the suicide victim said was that he would not hurt anyone. It was also found that the television show was paying police to get them videos and stage dramatic arrests, and that the online sting operators were actually the first to start chatting about sex online.

Prohibited Communications by Internet

The statute above refers to the following statutes. This is an instance where the Internet causes the creation of a new law that refers to the use of the Internet to commit the following crimes:

Soliciting a Child for an Immoral Purpose

Child Sexually Abusive Material

Soliciting Minor to Commit a Felony

Enticing Child Away Under 14

Criminal Sexual Conduct 1st Degree

Criminal Sexual Conduct 2nd Degree

Criminal Sexual Conduct 3rd Degree

Criminal Sexual Conduct 4th Degree

Assault w/Intent to Commit Criminal Sexual Conduct

ONCE YOU ARE ACCUSED OF SUCH A CRIME, IT IS HARD TO FIND FRIENDS AND RESOURCES, AS THE STIGMA IS AUTOMATICALLY ATTACHED.

You could be accused of a crime just by sending an email or other message with an attachment that might be seen as "tending to corrupt the morals of youth". By the way, be especially careful what you choose to view in a cafe or other place with wireless connections. Just a glimpse by a nosy minor means you might be exhibiting obscene matter.

Furnishing Obscene Publications or Criminal News to Minors

Exhibition of Obscene Matter

The manager of a business is at risk of being charged with a Statute similar to the above, but is even more susceptible to violating the law.

Displaying Sexually Explicit Matter to a Minor

EVEN THE STATEMENT THAT YOU ARE A MINOR'S PARENT TO GET THEM INTO AN R RATED MOVIE COULD BE A CRIME! AN INNOCENT ATTEMPT AT HELPING SOMEONE GET EVEN A VIDEO GAME RATED MATURE COULD GET YOU ARRESTED!

Facilitative Misrepresentation

Our own United States Supreme Court does not have a concrete definition of what is obscene, so how can you trust that a police officer or prosecutor will know. Most likely, they will air on the side of caution, by making you the criminal in the room. No one wants to look like they are not tough on crime when minors are involved.

YOU ARE RESPONSIBLE FOR WHAT MIGHT HAPPEN ON YOUR COMPUTER. WHO HAS ACCESS TO IT? ARE YOU INVOLVED IN LIVE CHATROOMS?

Gone are the days when single people could go into a virtual room and communicate with others about what they are looking for. Now, unless you know the person on the other end, anyone could be listening in or trying to get you to state anything.

	The Ambrose Law Group are trial lawyers focused on defending DWI, OWI, DUI, Sexual Assault, Domestic Violence, Drug Defense, and other Criminal Defense cases in Oakland and Macomb Counties, including Berkley,Bloomfield Hills, Farmington Hills, Troy, Novi, Brighton, Oxford, RochesterHills, Roseville, and Walled Lake.
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